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1975 Supreme(Ker) 60

P.JANAKI AMMA
KUNHAVULLA MUSSALIAR – Appellant
Versus
MOHAMED MUSSALIAR – Respondent


Judgment :-

1. The respondent obtained a decree for partition of certain properties with mesne profits as per O.S. No. 1205 of 1959 of the Payyoil Munsiff's Court After the passing of the final decree E.A. No. 545 of 1969 was filed by the respondent for transmission of the decree to the Munsiff's Court, Nadapuram for the purpose of execution. Thereafter the respondent filed E.P. No. 41 of 1970 which was stayed under Act 11 of 1970 and was finally disposed of as closed as 2-9-1970. E.P.No. 33 of 1971 which was filed thereafter was dismissed on 2111972. After the dismissal E.P. No. 107 of 1973 was filed for realisation of the profits of the property due to the respondent from the appellant The amount claimed under the execution petition was Rs. 5046.44 towards profits and Rs. 101/- towards execution costs, making a total of Rs. 5147/-. When notice was issued to the appellant on draft proclamation, objection was raised on the ground that the amount shown in the execution petition was incorrect The objection was overruled and the petition was posted for settlement of sale proclamation to 15101973. The appellant took the matter in appeal In the appellate court objection was raised on th






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