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    <title>1924 (2) TMI 1 - HIGH COURT OF CALCUTTA</title>
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    <description>A transferee can execute a decree under Order XXI Rule 16 CPC only where there has been an assignment of the decree in writing or a transfer by operation of law. A mere transfer of the underlying property, even with arrears of rent, does not amount to transfer of the decree itself. The Calcutta HC read the earlier authorities as depending on the wording of the instruments before them, not on any general rule that equity can replace the statutory requirement. As there was no written assignment, no statutory devolution, and the decree was not in existence when the alleged assignment was made, the appellants lacked locus standi to execute the rent decree.</description>
    <language>en-us</language>
    <pubDate>Thu, 14 Feb 1924 00:00:00 +0530</pubDate>
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      <title>1924 (2) TMI 1 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=291493</link>
      <description>A transferee can execute a decree under Order XXI Rule 16 CPC only where there has been an assignment of the decree in writing or a transfer by operation of law. A mere transfer of the underlying property, even with arrears of rent, does not amount to transfer of the decree itself. The Calcutta HC read the earlier authorities as depending on the wording of the instruments before them, not on any general rule that equity can replace the statutory requirement. As there was no written assignment, no statutory devolution, and the decree was not in existence when the alleged assignment was made, the appellants lacked locus standi to execute the rent decree.</description>
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      <pubDate>Thu, 14 Feb 1924 00:00:00 +0530</pubDate>
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