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1974 Supreme(Mad) 82

K.VEERASWAMI, VARADARAJAN
Ghousia Begum – Appellant
Versus
Union Territory of Pondicherry – Respondent


Judgement

VARADARAJAN, J. :- This appeal is against the judgment and decree dated 18-3-1970 of the Additional District Judge, Pondicherry in O. S. No 160 of 1969. That was a suit filed by one Ghousia Begum, wife of Grochil Jahan Khan alias Kurshid Jan Pasha, the owner of the property acquired in pursuance of a notification made under Section 4 (1) of the Land Acquisition Act, 1894, by the Administrator of the Union Territory of Pondicherry on 8-12-1964. The suit was for a permanent injunction restraining the Union Territory of Pondicherry from, taking possession of the property in pursuance of the acquisition proceedings. Ghousia Begum claimed that she had a charge, as in a mortgage or "hypothecue legale" on the property for the mahar debt due to her from her husband. She filed the suit on 2-1-1969, nearly four months after the Code of Civil Procedure, 1908, was extended or made applicable to the Union Territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968, repealing the French Civil Procedure Code. She had not issued the suit notice as required by Section 80 of the Civil Procedure Code, 1908, before filing the suit. The respondent contended inter alia that the su


























































































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