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1958 Supreme(Ker) 9

VARADARAJA IYENGAR
Chinna Alias Lekshmikutty Amma – Appellant
Versus
Muhammad Ali – Respondent


Judgment :-

1. This second appeal is by the additional 2nd plaintiff whose claim for improvement value has been rejected concurrently by the courts below.

2. The suit herein was filed by the 1st plaintiff for recovery of the plaint leasehold from the defendant tenant, on the ground that the 1st plaintiff required the property bona fide for her own cultivation. It was decreed by the trial court. The decree of the trial court was confirmed in appeal by the defendant before the Sub-Court, Palghat. On second appeal, the High Court set aside the decree and remanded the suit for fresh disposal in the light of the requirement as to primary need introduced by the Madras Act VII of 1954. Pending the defendant's appeal before the Sub-Court (i. e.) on 18-2-1947 the 1st plaintiff took delivery of possession of the property in execution of the trial court's decree and thereafter on 4-4-1947 she sold it to the 2nd plaintiff. Subsequent to the remand order of the High Court and pending the re-trial of the suit, the defendant applied for redelivery of property. The 2nd plaintiff who was impleaded as the 2nd respondent to this application set up a claim to the extent of Rs. 3,951-12-9 on account of




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