BAYYANA RAMAYYA Vs. NIDAMARTHI KRISHNAMURTHI

JUDGEMENT

(1.) The appellant, who had obtained transfer of a decree against the 1st respondent and others, applied under Order XXI, Rule 16, Civil Procedure Code, for execution and to be recognized as transferee. The application was opposed by the 3rd defendant (1st respondent) on the ground that the transfer was benami and that the decree had been satisfied by the 1st defendant paying the decree amount to the original plaintiff.

(2.) The finding of the lower Appellate Court was that the appellant did not pay any consideration for the transfer, and that, being only a benamidar for, the 1st defendant by whom the decree amount had been paid, the Court could not recognise the appellant as transferee-decree-holder.

(3.) The only point argued in this appeal is that, as the payment was not certified to the Court, Order XXI, Rule 3, Civil Procedure Code, operates as a bar to the 1st respondent s plea of no title in the appellant, and that the 1st respondent was not entitled to prove the alleged uncertified payment.