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1957 Supreme(Ker) 169

VAIDIALINGAM, KOSHI, M.S.MENON
Ouseph Chacko – Appellant
Versus
Krishna Pillai Govinda Pillai – Respondent


Judgment :-

1. This Second Appeal by the plaintiff is directed against the concurrent decisions of the two courts below, dismissing a suit he brought under the provisions of 0.21 R.103, C. P. C. As the assignee decree-holder in O. S.553 of 1101 on the file of the Changanacherry Munsiff's Court, the plaintiff brought the plaint schedule property to sale and himself purchased it (22 -12 -1106). That decree was one obtained on foot of a simple mortgage defendant 1 executed in favour of the plaintiff's predecessor-in-interest on 28-2-1100 (Ext. E). Afterwards on 12- 4-1101 defendant 1 sold the property to defendant 2 (Ext. L). Defendants land 2 were defendants 1 and 2 respectively in O. S.553 of 1101 and they were the only defendants to that suit. Soon after the court sale in his favour was confirmed and he obtained the sale certificate therefor, the plaintiff made an application to the court to obtain delivery of the property. Coming to know of this application, defendant 5 to the present suit filed a petition raising objections to the delivery. The ground of the objection was that the concerned property belonged to his sakha tarwad, that the tarwad was in possession of the same, that



































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