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1969 Supreme(Ker) 7

P.NARAYANA PILLAI
SANKARAN NAIR – Appellant
Versus
PARAMESWARAN NAMPOODIRIPAD – Respondent


Judgment :-

1. The 6th defendant in O. S.474 of 1954 on the file of the Munsiff, Alathur is the appellant in S. A. 463 of 1966. The plaintiff in that suit is the petitioner in CRP. 90 of 1968. He is also the plaintiff in another suit, O. S.391 of 1951, on the file of the same court. CRP. 83 of 1968 is a revision petition filed by him from an order passed in O. S.391 of 1951. The Second Appeal is from an order passed by the Munsiff adjourning the case for confirmation of the sale which was held in execution. The Revision Petitions relate to orders passed by him in the 2 suits amending the decrees in those cases.

2. The facts necessary for the disposal of the appeal and the revision petitions are as follows: The plaint schedule properties in the 2 suits are identical and they belong to the plaintiff. On the date of the 2 suits they were outstanding on lease with the sub-tarwad of defendants 2 to 5 and 7. Defendants 3 to 5 and 7 are the children of the 2nd and 6th defendants, the 6th defendant being the husband of the 2nd defendant. During the pendency of the suits the 2nd defendant died. The 2 suits are for recovery of rent due in respect of the plaint properties for different periods


























































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