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1958 Supreme(Ker) 154

KOSHI, KUMARA PILLAI, M.S.MENON
Lakshmanan – Appellant
Versus
Kamal – Respondent


Judgment :-

1. These five civil miscellaneous appeals, which arise out of five applications for re-delivery made under O. XXI, R.100 of the Code of Civil Procedure in the execution proceedings in O.S. No. 65 of 1943 of the court of the Subordinate Judge of Tellicherry, first came before us oh a reference on certain questions of law made by a learned judge of the High Court of Madras. Four questions were referred by him to the Full Bench, but, after hearing both sides, we considered that a decision on the last of those questions alone was sufficient for the disposal of four of the civil miscellaneous appeals and that, as a remand was necessary in the fifth to ascertain relevant facts, the other questions need be decided only if the findings of the lower court after the remand required a decision on those questions also for its disposal. Accordingly the learned Chief Justice, who also is a member of this Full Bench, ordered the appeals to be posted again before us for hearing the entire case, as distinguished from the mere questions of law referred; and in pursuance of His Lordship's order we have heard the cases again.

2. A Mappila marumakkathayam tarwad, known as Aruvampalli Puthiya


















































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