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1960 Supreme(Ker) 152

M.S.MENON, T.K.JOSEPH
Chinnaswamy Koundan – Appellant
Versus
Anthonyswami – Respondent


Judgment :-

1. The 1st defendant in O.S. No. 131 of 1950 of the Court of the Subordinate Judge of Chittur is the appellant before us. He challenges the correctness of the lower court's decision that the decree and sale in O.S. No. 213 of 1107 of the Munsiff's Court of Chittur are not binding on the 1/4th share of the plaintiff in the properties concerned in that suit.

2. The prayer portion of the plaint according to the agreed translation reads as follows: "The Court may therefore be pleased to pass a decree:

A. Setting aside, on declaring that the decree, the execution proceedings, sale, sale certificate and delivery proceedings in O.S. No. 213 of 1107 of this court are not binding on the plaintiff or on plaintiff's one-fourth share over the plaint schedule property and are void;

B. Awarding the plaintiff separate possession of one-fourth share in the plaint schedule properties after partition by metes and bounds with future mesne profits at the rate of 1000 Paras of paddy and Rs. 375/-per annum;

C. If for any reason the court is of opinion that the plaintiff cannot obtain the reliefs stated in paras [A] and [B] above mentioned, granting the plaintiff an alternative relief by directin

































































































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