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1967 Supreme(Mad) 364

VEERASWAMI, KRISHNASWAMY REDDY
Weavers Mills Ltd. , Rajapalayam – Appellant
Versus
Balkis Ammal and others, Defendants – Respondent


Advocates:
R. Gopalaswami Iyengar and M. Srinivasan, for Appellant; T. R. Mani, for Respondents.

Judgement

VEERASWAMI, J. :- These appeals arise out of the same judgment of the Subordinate Judge, Ramanathapuram, at Madurai, in a suit instituted by the appellant in A. S. 28 of 1962 for declaration of its title to the suit properties and for an injunction restraining the first defendant from executing the decree obtained by her (the first defendant who is the appellant in the other appeal A. S. 178 of 1962) in O. S. 16 of 1949 or in the alternative to set aside the judgment and decree in O. S. 3 of 1958, both on the file of the same Subordinate Judge. The appellant in A. S. 28 of 1962 is a limited liability company incorporated under the provisions of the Indian Companies Act, on 12-7-48, with its registered office at Rajapalayam. Two of its promoters, one of them the 2nd defendant in the suit and the other by name Ayyadurai alias Madeswamy Moopanar, purchased the suit lands under two registered sale deeds dated June 17th and June 18th of 1945, for a total consideration of Rs. 11000 from one Ramaswami Raja and Rangammal. In O. S. 16 of 1949, the 1st defendant obtained a decree against defendants 2 and 3 for a sum of Rs. 10000 due under a promissory note that had been executed by







































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