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1955 Supreme(Ker) 7

KUMARA PILLAI
Krishnan – Appellant
Versus
Velu – Respondent


Judgment :-

1. This second appeal arises from an order in execution. A mortgage property was leased by the mortgagee to the mortgagors. For arrears of rent due to him and recovery of possession of the property from the lessees (i.e. mortgagors) the mortgagee brought the suit in which this second appeal has arisen. The suit was compromised, and a compromise decree was passed on 1.2.1112 in terms of the compromise petition. The compromise decree provided that, on account of the arrears, the defendants were to make three payments on specified dates, that if two of those three instalments were defaulted the plaintiff could recover possession of the property with future rent from the date of plaint to date of recovery of possession, and that if the three payments were duly made, defendants could continue to hold the property on the same terms as those provided for in the lease deed. On the default of the defendants to make the payments as per the compromise decree, the plaintiff applied for recovery of possession with future rent from date of plaint to date of recovery of possession. The defendants raised many objections to the plaintiff's application but this second appeal relates only







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