AI Structured Summary
Not yet generated for this judgment
Judgment
We think the lower Appellate Court''s order can be justified by reference to Section 146 of the Civil Procedure Code. In accordance with the
dictum of Sesbagiri Iyer, J., in Sitatamaswamy v. Dulla Lakshmi Narasamma 48 Ind. Cas. 840 : 41 M. 500 : 8 L.W. 21 the words ''claiming
under'' in that section are wide enough to cover even cases of devolution mentioned in Order XXII, Rule 10.
It is urged that, here, the respondent-petitioner is a transferee of property concerned in the decree which be 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 hint equally in respect of the decree dealing with the property. Taking this view, we dismiss the appeal
against appellate order with costs.