TANGUTURI SUBBARAYUDU Vs. YERRAMSETHI 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 of the Civil Procedure Code.

(2.) One Kamisetti Ghatta as president of a certain fund obtained a money decree against" the respondent and two others in O.S. No. 985 of 1897 in the District Munsif s Court, Gooty, on 12-2-1898. One Narayana Rao styling himself president of the fund transferred the decree to the appellant.

(3.) The objection raised by the judgment-debtors to the transferee s right to execute the-decree was overruled and the transfer was recognised by the Court on 12-7-04. The appellant received Rs. 315-14-4 from the respondent (1st defendant in the suit) in execution on 12-8-04.