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1959 Supreme(Mad) 159

P.V.RAJAMANNAR, GANAPATIA PILLAI
Thalai Vadivu Anandar – Appellant
Versus
Venugopala Chettiar – Respondent


Advocates:
A.V. Narayanaswami Ayyar, S. Amudachari and A.V. Raghavan, for Appellant.
T.R. Srinivasan, for Respondent.

Rajamannar, C.J.-

This Appeal against the Judgment of Panchapakesa Ayyar, J., in C.M.S. A. No. 130 of 1954 arises in the following circumstances. One Marudappa Chettiar filed O.S. No. 675 of 1952 in the Court of the District Munsif, Tiruchirapalli, against Venugopala Chettiar, the respondent herein, for recovery of possession of the property in dispute and for past and future rents. In that suit the parties entered into a compromise and based on that compromise the Court passed a decree directing the respondent herein to deliver possession of the property by 15th March, 1954 and also to pay past and future rents. As the respondent failed to deliver possession by the prescribed date, the plaintiff-decree-holder filed E.P. No. 240 of 1954 on 18th March, 1954, for delivery of possession. An order for delivery was passed on 12th April, 1954, directing delivery by 10th June, 1954. On 15th April, 1954, the respondent filed an appeal to the District Court, Tiruchirapalli, against the order for delivery (A.S. No. 177 of 1954). In that appeal he obtained on ex parte order of stay on 15th April, 1954, itself. On 27th May, 1954, the original decree-holder Marudappa Chettiar died. On 8th July,














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