PYNDA ANDALLAMMA Vs. CHELLA PEDA JANGAMAYYA

JUDGEMENT

(1.) One Veeraraju brought S.C.S. Nos. 57 and 49 of 1941 in the Court of the District Munsiff of Cocanada for rent. During the pendency of the suits he died, and the petitioner then put in applications under Order 22, Rule 3, and Section 151, Civil Procedure Code praying the Court to add her as the legal representative of the deceased plaintiff on the ground that she was the real owner of the property and that Veeraraju was her benamidar. The Court, following Doraiswami Tevar V/s. Chidambaram Chettiar (1929) 58 M.L.J. 57 dismissed these applications, with the result that the suits abated.

(2.) Mr. Narasaraju for the petitioner does not deny that Doraiswami Tevar V/s. Chid" dambaram Chettiar 1 on which the lower Court relied, does directly apply; but he contends that it is no longer good law in view of a more recent Full Bench decision in Balasubramaniam Chetti v. Kothandaramaswami Nayanimvaru in which it was held that, Where a decree is held by one person as a benamidar for another, and the holder dies, the true owner can apply for execution, and if his title is disputed, the question can be decided in those proceedings.

(3.) This opinion was arrived at by construing the provisions of Order 21, Rule 16, in which it says, Where a decree...is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it....