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1981 Supreme(Ker) 137

M.P.MENON
Sivathanu Pillai – Appellant
Versus
Lakshmi Rajamma – Respondent


Advocates:
S. Sankarasubban, for Petitioner; V. Vyasan Poti and N. Sugathan, for Respondent.

ORDER:-

Sivathanu Pillai Krishnamoorthy Pillai, residing with Vakil Sivathanu Pillai of Nagercoil, is the revision petitioner; and he seems to be very tenacious.

2. He was the first defendant in O. S. 531/58, a suit for redemption, decreed on 11-1-1962. It appears that when execution was taken out in E. P. 286/63, value of improvements was claimed. Assessment of the claim took time and the E. P. was dismissed for default on 25-3-1969. The respondent herein later filed E. P. 1109/74. She was not a party to the decree. Notice on the E. P. was served on the first defendant on 20-2-1975. The other parties were served later, and on 20-3-1976 the Court impleaded the respondent as additional 3rd plaintiff. On 17-6-1976 deposit of mortgage money and value of improvements was ordered, and the deposit was duly made. The 16th defendant claimed "kudikidappu" and that claim was referred to the Land Tribunal under Section 125 of Act I/64. The tribunal's findings became available by 3-1-1977 and the E. P. was then posted for evidence and hearing to 5-2-1977. The first defendant then applied for time; and on 14-2-1977 (i.e. about two years after service of notice) he filed objections claiming that



























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