Puthiandi Mammed vs Avalil Moidin

All that the plaintiff got in law for the money he paid to the defendant for the transfer of his decree was an agreement to transfer it, not a

complete transfer until recognized by the Court. The completion of the transfer in this case was prevented by the attachment of the decree for the

defendant''s debts, and it was the defendant''s duty to do all that was necessary to complete the transfer by removing the obstacle, the attachment.

This he did not do and made it impossible for the transfer to the plaintiff to be completed by the recognition of the Court.

In these circumstances the plaintiff was entitled to succeed in his action. We must set aside the decree of the Subordinate Judge and decree the

claim with costs and interest at 6 per cent, thereon from the date of plaint till date of payment.

The petitioner is entitled to his costs in this Court.