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1953 Supreme(Mad) 271

VENKATARAMA AYYAR
Pera Naidu – Appellant
Versus
Soundaravalli Ammal – Respondent


Advocates:
K.S. Champakesa Aiyangar and K.C. Srinivasan for Petitioners.
K.S. Ramamoorthy and K. Vaitheeswaran for Respondents.

Judgment.-

This is a petition to revise the order of the Subordinate Judge, Madurai, dismissing an application preferred by the petitioners under Order 21, rule 100 of the Civil Procedure Code as incompetent. The properties which are the subject-matter of these proceedings are lands which were purchased by the second respondent Ramaswami Naicker, at a sale held by the Madurai-Ramnad Central Co-operative Society. The first respondent Soundaravalli Ammal filed O.S. No. 109 of 1947, Subordinate Judge’s Court, Madurai, for recovery of these and other properties on the ground that they formed part of the Valayapatti Zamin, and that she became entitled to them as reversioner. Ramaswami Naicker was impleaded as the 76th defendant in that suit and though he filed a written statement raising several pleas, he eventually abandoned the contest and an ex parte decree was passed against him. In execution of that decree, the first respondent obtained possession of the lands. The petitioners thereupon filed E.A. No. 443 of 1949, under Order 21, rule 100 of the Civil Procedure Code and as the point for decision in this revision is whether this petition as framed is maintainable, it is necessary to






















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