Q. Who were the advocates involved in the case Mannem Seshadri Reddi vs Putta Venkata Reddy?

For the Appellant A. Krishnaswami Aiyar, Advocate. For the Respondent M. Patanjali Sastri, Advocate.

Q. What are the equivalent citations for Mannem Seshadri Reddi vs Putta Venkata Reddy ?

The equivalence citation are76 IND. CAS. 809 ; AIR 1924 MAD 709 ; LQ/MadHC/1923/183 ;

Q. What was the bench assigned for the case Mannem Seshadri Reddi vs Putta Venkata Reddy?

HONBLE MR. JUSTICE FRANCIS OLDFIELD , HONBLE MR. JUSTICE DEVADOSS

Mannem Seshadri Reddi Vs. Putta Venkata Reddy On 19 April, 1923

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Mannem Seshadri Reddi v. Putta Venkata Reddy

(High Court Of Judicature At Madras)

Appeal Against Order No. 78 Of 1922 | 19-04-1923

We think the Lower Appellate Courts order can, be justified by reference to Sect. 146 of the Civil Procedure Code. In accordance with the dictum of Seshagiri Aiyar, J., in Sitaramaswami v. Lakshmi Narasimha (I.L.R., 41 Mad., 510 [LQ/MadHC/1917/316] =8 L.W., 21) the words claiming under in that section are wide enough to cover even cases of devolution mentioned in O. 22, R. 10.

It is urged that, here the respondent-petitioner is a transferee of property concerned in the decree, which he desires to execute, not of that decree itself. We do not think the distinction substantial. For we cannot understand how one person can be claiming under another, in respect of property, when he does not claim under him, equally in respect of the decree dealing with the property. Taking this view, we dismiss the appeal against appellate order with costs.

Appeal dismissed.

Advocate List

For the Appellant A. Krishnaswami Aiyar, Advocate. For the Respondent M. Patanjali Sastri, Advocate.

Bench

HON'BLE MR. JUSTICE FRANCIS OLDFIELD
HON'BLE MR. JUSTICE DEVADOSS

Eq Citations

76 IND. CAS. 809
AIR 1924 MAD 709
LQ/MadHC/1923/183

Head Note

Civil Procedure Code, 1908 — S. 146 — Words “claiming under” — Meaning of — Held, wide enough to cover even cases of devolution mentioned in O. 22, R. 10 — Words and Phrases — “Claiming under”