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1964 Supreme(Mad) 372

K.S.RAMAMURTI
A. R. Sanjeevi Naicker – Appellant
Versus
P. M. Shanmuga Udayar – Respondent


Advocates:
Vedantachari and A. Venkatesan, for Appellant.
V. V. Reghavan, V.J. Vaidyanatha Ayyar and P. Somasundaram for Respondent.

Judgment.- The third defendant, who had obtained a release of the rights of defendant’s 1, 2 and 4, is the appellant in the Second Appeal, which relates to three items of properties, originally situated in Arni Jagir which had been taken over under the provisions of the Estates Abolition Act. One Sevugan Chettiar purchased these properties from defendants 1 to 4 under a sale-deed, Exhibit A-1 of the year 1928. In respect of these properties, there was some litigation, and, in pursuance of a decree for possession, Sevugan Chettiar took possession on 14th April, 1945, as evidenced by Exhibit A-6, Delivery Receipt. This Sevugan Chettiar sold the suit properties to the plaintiff under Exhibits A-7 on 24th January, 1957, who has filed the suit on 15th April, 1957, for declaration of title and for possession of the properties. The last date for filing of the suit would be 14th April, 1957, but that happened to be a Sunday, and it was, therefore, filed on the next day, i.e., on 15th April, 1957.

It is unnecessary to refer in detail to all the facts of the case, as only two points were urged in the Second Appeal:

(i) the effect of the combined operation of section 4 and section 28 of the Lim










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