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1948 Supreme(SC) 48

C. S. Nataraja Pillai (now deceased) and another – Appellant
Versus
C. S. Subbaraya Chettiar – Respondent


Advocates Appeared:
White, Lambert, Chapman Walkers, T.B.W. Ramsay, W.W.K. Page, R.A. Parikh

Lord Normand.:-

The present appeal arises out of a suit brought by the respondent, as plaintiff, against the appellants, as defendants.

[2] The subject-matter of the suit was a property which had belonged to a certain Vasavambal Ammal. There had been a previous suit (No. 53 of 1924) between the same parties and in his pleading in the present suit the plaintiff (the respondent) stated "that the property was in the possession of his adoptive mother," that is Vasavambal Ammal whose adopted son he claimed to be, "on his behalf till her death and subsequently, taking advantage of her death and the plaintiff's young age, the defendants" (the appellants), "seem to have intermeddled with the property and claim to have taken possession of the property after the tenants (of Vasavambal) vacated the premises." He went on to state that shortly after the institution of suit No. 53 of 1924, on an application made by the plaintiffs in that suit a receiver was appointed by the Court "to take charge of and collect the rents in respect of the suit property and he" (the receiver) "continues to be in possession and management thereof. After the disposal of the said suit, however, the defendants" (the app










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