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1954 Supreme(Ker) 156

GOVINDA PILLAI, T.K.JOSEPH
Narayanan – Appellant
Versus
Narayani – Respondent


Judgment :-

1. The Civil Revision Petition has been preferred by one who is not a party to the suit. The plaintiff sued for recovery of possession of property from the defendants on the allegation that the same was leased to Defendants 1 and 2 under a registered lease deed dated 20.11.1123. Defendants 1 and 2 contended that the lease did not come into effect and that they did not get possession of the property. The plaintiff applied for the appointment of a receiver for the property and this was allowed by order dated 1.2.1952. When the receiver went to take possession, he was obstructed by the petitioner and his brother and the receiver reported that he was unable to obtain possession. He also sought for police aid to take possession of the property. On this, the court ordered notice to the obstructors and the petitioner filed C.M.P. No. 629 dated 11.2.1952 stating that the property belonged to his tarwad, that he was in independent possession ever since the death of the karnavan in 1105 and that the 1st plaintiff who was the widow of the karnavan had no rights to or possession of the property at any time. He prayed for upholding his possession and for discharge of the receiver, a




















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