TANGUTUR SUBRAYUDU Vs. YERRAMSETTI SESHASANI

JUDGEMENT

(1.) The question for determination in this appeal is whether the lower Courts were right in holding that the respondent was entitled to restitution under Section 144, Civil Procedure Code.

(2.) One Kamisetti Ghatta as president of a certain fund obtained a money-decree against the respondent and two others in Original Suit No. 985 of 1897 in the District Munsif s Court, Gooty, on 12th February 1898. One Y. Narayana Row, styling himself president of the fund, transferred the decree to the appellant the objection raised by the judgment-debtors to the transferee s right to execute the decrees was overruled and the transfer was recognised by the Court on 12th July 1904. The appellant received Rs. 815-14-4 from the respondent (1st defendant in the suit) in execution on 12th August 1904.

(3.) Prior to the payment of the decree amount the respondent and another had instituted a suit, Original Suit No. 479 of 1904, in the Gooty Munsif s Court against the appellant and his transferor for a declaration that the transfer of the decree in Original Suit No. 985 of 1897 was invalid, and for an injunction restraining the appellant from executing the decree and receiving the amount deposited in Court.