ORDER Deoki Nandan, J. - This is an execution second appeal. The decree, under execution, contains a declaration that the plaintiff continues to be in the services of Navjiwan Kisan Intermediate College, Mawana, District Meerut, defendant No. 1, and is entitled to join his services since 1-1-1961, and an injunction restraining the defendants Nos. 2, 3 and 4 from interfering in the discharge of his duties by the plaintiff as an assistant teacher in the said institution. The decree-holder is Sri Narendra Mohan Gupta. He is the respondent in the appeal in this Court. The Institution named Navijiwan Kisan Intermediate College, Mawana, District Meerut, was the first defendant and was impleaded through Sri Dharam Vir Singh acting Manager of the College. Sri Shiam Lal Singh Advocate was the second defendant and was described as the Secretary of the Managing Committee of the College. Sri Dharam Vir Singh, the Acting Manager, was impleaded as the third defendant. Sri Harpal Singh Gahlot, Principal of the Institution, was the fourth defendant. In the execution application it was stated in the clause specifying the relief sought by the decree-holder, that Sri Dharain Vir Singh used to be the Manager of the College, but now Sri Khajan Singh was Manager in his place and Sri Shyam Lal Advocate had also ceased to be the Secretary of the College. It was further said that Sri Harpal Singh was previously the Principal of the College, but now Sri Kataar Singh was the Principal. This is followed by the claim that Sri Khajan Singh Manager and Sri Kataar Singh Principal were now bound to fulfil the terms of the decree. This is followed by the averment that Sri Khajan Singh Manager and Sri Kataar Singh Principal had no right to prevent the decree-holder from functioning as the assistant teacher in the College and they had committed a breach of the decree in preventing him from working as an assistant teacher of the said College. It was prayed that they may be detained in civil prison and the property of the First judgment-debtor, namely, the College, maybe attached. 2. This led to an objection on behalf of Sri Kataar Singh, Principal, and Sri Khajan Singh Manager, objecting to the execution of the decree against them on the ground that they were not the judgment-debtors and were not bound by the decree. 3. 2. This led to an objection on behalf of Sri Kataar Singh, Principal, and Sri Khajan Singh Manager, objecting to the execution of the decree against them on the ground that they were not the judgment-debtors and were not bound by the decree. 3. The trial court dismissed the objections by its judgment dated 8-1-1973 and allowed the execution to proceed directing the decree-holder to take further steps within seven days. 4. On appeal by the Navjiwan Kisan Intermediate College, through its present Manager and Principal, namely, Sri Khajan Singh and Sri Kataar Singh, in place of ex acting Manager Sri Dharam Vir Singh and the ex-Principal Sri Harpal Singh Gahlot respectively, the lower appellate Court confirmed the order of the trial Court, dismissing their objections and allowing the execution to proceed. 5. Having heard learned counsel, I find that this appeal must succeed. As noticed above, the decree granted two reliefs. First, that of declaration against the defendant No. 1, namely, Navjiwan Kisan Intermediate College through Sri Dharam Vir Singh, the acting Manager. That part of the decree was clearly not executable. The other relief, namely, of injunction was granted against the defendants Nos. 2, 3 and 4, namely Sri Shaym Lal Singh, Sri Dharam Vir Singh and Sri barpal Singh. On the own showing of the decree-holder these three gentlemen were no longer connected with the institution and there was no prayer for execution of the decree against them. The prayer made in the application for execution was against the present Manager Sri Khajan Singh and the present Principal Sri Kataar Singh. They were not parties to the suit and could not be said, in that sense, to be bound by the decree. The decree was passed personally against the defendants Nos. 2, 3 and 4, namely, Sri Shyarn Lal Singh. Sri Dharam Vir Singh and Sri Harpal Singh. The present Manager and the present Principal of the institution are not the personal heirs, or representatives of the previous Manager and Principal. The decree was passed personally against the defendants Nos. 2, 3 and 4, namely, Sri Shyarn Lal Singh. Sri Dharam Vir Singh and Sri Harpal Singh. The present Manager and the present Principal of the institution are not the personal heirs, or representatives of the previous Manager and Principal. The question is whether the decree could be executed against the present Manager and the present Principal with the aid of Section 146, C. P. C. The first appellate Court has taken the view that Sri Khajan Singh, the present Manager, was "clearly claiming under Sri Dharam Vir Singh" and has in support relied on the case of Brahm Dutt Sharma v. Life Insurance Corporation of India, ( AIR 1966 All 474 ) wherein it was observed that the "expression 'claiming under' in S. 146, includes case of devolution of interest pending suit." Now Sri Dharam Vir Singh had no beneficial or personal interest in the affairs of the institution which he was managing. He was merely an acting Manager. The position held by him was more onerous than beneficial. The decree for injunction was passed personally against him. There was no decree of injunction against the institution, even if it were assumed that the institution could be sued in its name, although, it was not a juristic person through its Manager Sri Dharam Vir Singh. There was thus no decree for injunction against the institution. The new Manager could not, by any stretch, be said to be a person claiming under the Ex. Manager simply because he happened to succeed to the officer within the meaning of that expression under Section 146 C.P.C. Brahm Dutt's case (Supra) is clearly distinguishable. There the assets and liabilities of the Life Insurance Companies devolved on the Life Insurance Corporation and the Life Insurance Corporation not only had the benefit of all the contracts entered into by its predecessor Life Insurance Companies and their assets, but also had to meet all their liabilities. It could, therefore, pursue the claims as successor-in-interest of its predecessor Life Insurance Companies. There could be no doubt about that, and that case is clearly distinguishable and different from a case of the present kind before me. The decree passed against Sri Dharam Vir Singh was passed against him personally. It was a decree for injunction. It could, therefore, pursue the claims as successor-in-interest of its predecessor Life Insurance Companies. There could be no doubt about that, and that case is clearly distinguishable and different from a case of the present kind before me. The decree passed against Sri Dharam Vir Singh was passed against him personally. It was a decree for injunction. No relief was sought in the application for execution either against Sri Dharam Vir Singh or the other persons against whom the decree for injunction had been passed personally. The successor Manager and Principal respectively could not be said to claim under their predecessors-in-office. 6. The appeal succeeds and is allowed. The judgments and decree, appealed from, are set aside. The objection filed by the appellants, paper No. 11-C, on the file of the execution case No. 210 of 1972 of the Court of Munsif Havali, Meerut, in Suit No. 192 of 1962, is allowed, and the execution application for the relief claimed therein is dismissed. 7. In the circumstances, the parties are directed to bear their own costs throughout.