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1981 Supreme(Mad) 144

SHANMUKHAM
R. Veerappan – Appellant
Versus
Shanmugavelu – Respondent


JUDGMENT

1. To what extent the jurisdiction of the Civil Court is usurped under the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Owenrship) Act, 1971 (hereinafter called the Act) is the principal question that is raised in this second appeal

2. The respondent-plaintiff brought O.S. No. 463 of 1975, on the file of the District Munsif Court, Kumbakonam, against the appellant-defendant for redemption of the suit Property from the appellant and for directing the appellant to deliver possession as also for recovery of mesne profits, both past and future. The mortgage was oral, The respondent is the purchaser of the equity of redemption, while the appellant was put into possession of the property by the transferee from the original mortgage, Abdul Wahab. The defence is total denial of the oral mortgage. It is stated that Abdul Wahab sold the superstructure to the appellant and that the appellant is, therefore, entitled to all the benefits of Kudiyiruppu Act 40 of 1971 and is an agricultural labourer eking out his livelihood by agricultural operation. The respondent cannot invoke the jurisdiction the Civil Court for any purpose. It is relevant to notice that in the plaint the responde



























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