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1955 Supreme(Ker) 33

JOSEPH
Chellappan Nadar – Appellant
Versus
Padmanabha Nadar – Respondent


Judgment :-

1. These Second Appeals arise from a suit O.S. No. 1104 of 1120 instituted by the plaintiffs for cancellation of an order passed on an obstruction petition filed by the defendant. The properties described in the plaint schedule belonged to one Vedakannu Nadar. Items Nos.1 to 5 had been mortgaged by him in favour of the plaintiffs' father. The plaintiffs sued Vedakannu Nadar for the mortgage amount in O.S. No. 192 of 1109 and obtained a decree, copy of which is Ext. E. Vedakannu Nadar died after the date of the decree and his only daughter was impleaded as his legal representative in execution. Item Nos. 6 to 18 were attached in execution and all the properties were purchased by the plaintiffs in court sale held on 19.1.1119. Ext. F is copy of the sale certificate. When the plaintiffs applied for delivery of possession they were obstructed by the defendant who claimed to be in possession under a Will of Vedakannu Nadar Ext.1 dated 31.2.1104. The obstruction was upheld by the execution court and this suit was filed for setting aside the said order. The plaintiff's case was that the Will had not come into effect, that Vedakannu Nadar's daughter Kannambal was in possession




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