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1964 Supreme(Ker) 30

S.VELU PILLAI
Raman Kunjukrishnan – Appellant
Versus
Raman Viswanathan – Respondent


Judgment :-

1. This second appeal by the 15th defendant arises in a suit for declaration of title and possession. In a chitty which was conducted by the first defendant as foreman, one Janaki Amma the predecessor-in¬interest of the plaintiff, and one Bhargavi the predecessor-in-interest of defendants 11 to 14, were subscribers. Janaki Amma obtained Ext. P-2 decree against the first defendant for money due to her under the chitty, in execution purchased the property in schedule A which belonged to him on the 14th Makarom,1120, and assigned her rights to the first plaintiff, or plaintiff shortly, who went into possession on the 31st Mithunam,1122. Bhargavi obtained Ex. P-9 decree against the first defendant for money due to her under the chitty, and in execution by Government for the Court fee payable a portion of the property in schedule A, specified as item 4 in schedule B, was purchased by the 15th defendant who is the appellant here. The plaintiff's obstruction to the delivery of possession to the 15th defendant was dismissed by order dated the 22nd Thulam,1125, which was confirmed by the High Court in revision on the 28th Mithunam,1125. The plaintiff then filed the present suit





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