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1971 Supreme(Mad) 772

RAGHAVAN
Swaminathan Ambalam – Appellant
Versus
P. K. Nagaraja Pillai – Respondent


JUDGMENT :- The defendant is the appellant. The suit is for a declaration of the plaintiff's title to the suit property and for possession. The suit property originally belonged to Ramalingam Pillai and his wife Pattammal. They mortgaged the same to Lakshmi Banking Corporation (P.) Ltd. The mortgagee represented by voluntary liquidator Sri Sundaresa Iyer filed O. S. 106 of 1957 on the file of the District Munsif, Pudukottai on the said mortgage and obtained a decree. In execution of the said decree, he purchased the property and took delivery on 9th July 1959. The defendant was in occupation of the shed covered by asbestos at that time as a licensee and when informed about the purchase he vacated and gave possession to the auction purchaser. Delivery was made with reference to the boundaries and, the defendant has signed the delivery receipt. After delivery, the liquidator died and Sri A. R. Krishnamurthi Iyer, Advocate, was appointed liquidator in his place. While he was in possession of the property on 17-1-1961, he sold the property to the plaintiff, he having sold the bricks and stones and the asbestos sheets to the plaintiff a few days before the sale. Taking advantage of the










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