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1952 Supreme(Mad) 301

CHANDRA REDDI
K. Tirupathi Mudali – Appellant
Versus
T. Lakshmana Mudali – Respondent


Advocates:
M. Natesan for Appellant.
L.S. Veeraraghava Aiyar for Respondents.

Judgment.-

This Second Appeal is filed by the 1st defendant against the judgment and decree of the Subordinate Judge of Chingleput who reversed the decision of the trial Court dismissing the suit brought by the respondents for a declaration of their title to the suit property and for the recovery of possession thereof. The facts material for the purpose of this enquiry are as follows: One Damodara Mudali executed a sale deed Ex. P-1 in favour of the appellant conveying his divided half share in the suit house for a stated consideration of Rs. 600-0-0 on 9th June, 1935 and had it registered on 3rd October, 1935. The vendor took the same property on lease from the vendee evidenced by the original of Ex. D-1, dated 3rd October, 1935. A creditor of Damodara attached the suit house in execution of a decree which he obtained against him. The 1st defendant in the present suit intervened with a claim petition but his claim was disallowed on the ground that, the sale was effected with a view to defraud the creditors. The defeated claimant, did not bring a suit to set aside the claim order as the decree debt was satisfied out of the sale proceeds of other properties belonging to Damodaram. Su


























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