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1956 Supreme(Ker) 65

JOSEPH VITHAYATHIL, T.K.JOSEPH
S. Richard Jaison – Appellant
Versus
Padmanabhan Nadar Paramu Nadar – Respondent


Judgment :-

1. Plaintiff is the Appellant. The suit is for setting aside a claim order and for consequential reliefs. The plaint property belonged to the father of the plaintiff. The plaintiff got a gift of the property from his father under a gift-deed dated 28.5.1107. According to the plaintiff he was in independent possession of the property from the date of the gift-deed. The defendant obtained a decree against the plaintiff's father in O.S. No. 61 of 1100 of the Trivandrum District Court and in execution of that decree, attached the property. The plaintiff preferred a claim to the attachment on 18.10.1112. The claim was disallowed by the execution court by its order dated 5.7.1113. Ext. D is the copy of the order. A Revision Petition filed by the plaintiff before the Travancore High Court was dismissed on 6.11.1114. Within one year the plaintiff instituted a suit as O.S. No. 101 of 1115 of the Trivandrum District Court for setting aside the claim order and for a declaration that the property attached belonged to him. The suit property is Kandukrishi land and under S.8 of the Travancore Code of Civil Procedure 1100 sanction of Government was necessary for instituting a suit rel






















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