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1968 Supreme(Ker) 23

M.S.MENON, P.GOVINDAN NAIR
Kattil Raman Kunhis sons Chathu – Appellant
Versus
Vadakke Poduvath Devaki Ammas daughter Janaki Amma – Respondent


Advocates:
V.R. Krishna Iyer and K. Raghavan Nair, for Appellants; K.P. Ramunni Menon, K. Ramakumar and P. Ramaranjan, for Respondent.

JUDGMENT :-

Defendants 10, 12 and 13 are the appellants. The suit was for recovery of possession of the properties scheduled to the plaint. The only questions arising in this appeal are whether the three appellants are entitled to the protection conferred by Sections 7 and 13 of the Kerala Land Reforms Act, 1963, Act 1 of 1964, and whether the suit is barred by limitation as against any of these appellants. We shall deal with these questions.

2. The suit was, instituted on 15-9-1954. On that day only the 10th defendant was on the party array. Defendants 12 and 13 were impleaded in the suit in the year 1959. The suit has been filed on the basis of an execution sale held in O. S. 306 of 1942 of the Chowghat Munsiff's Court. That sale was on 1-7-1942 and was confirmed on 17-8-1942. The decree holder took what is called symbolical delivery of the properties on the 14th and 15th of September, 1942.

3. A question has been raised as to whether a suit would lie in view of Section 47 of the Code of Civil Procedure. This question has been found against the defendants by the trial Court relying on the rulings of this Court in People's Cooperative Bank Ltd. v. Parvathy Ayyana Pillai, 1958 Ker LT
















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