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Judgment
Das, J.—In my opinion the decision of the learned Judicial Commissioner is right and must be affirmed. Section 181-A, Chotta Nagpur Tenancy Act, is really conclusive of the matter. That section provides as follows:
An application for the execution of a decree for arrears of rent obtained by a landlord shall not be made by an assignee of the decree unless the landlord''s interest in the land has become and is vested in the assignee.
It is contended before us that as the landlord is entitled to execute his decree for rent as a money decree, so the assignee is free from the complications raised by Section 181-A, Chota Nagpur Tenancy Act. But in this case the landlord has obtained a decree for arrears of rent; he has assigned that decree to the appellant and it is conceded that the landlord''s interest in the land has not vested in the assignee. That being the position Section 181-A, Chota Nagpur Tenancy Act, applies to the facts of the case.
I would, therefore, dismiss this appeal with costs.
Allanson, J.
I agree.