Mohamad Rowter v. Pichai Rowther

1. This is an application by an assignee decree-holder to execute the decree. It is found that the assignment was benami for one of the judgment-debtors. On this finding bin application was rightly dismissed under Order XXI, Rule 16. The transferee must first prove his right before lie can be allowed to execute and it is only then any question of adjustment by payment arises. See Bayyana Ramayya v. Nidamarthi Krishnamurthi 32 Ind. Cas. 952 : 3 L.W. 186 : 19 M.L.T. 124 : (1916) M.W.N. 133. The appeal against the appellate order is dismissed with costs.