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1950 Supreme(Mad) 83

SATYANARAYANA RAO, VISWANATHA SASTRI
Cheria Veetil Madhavan Variar (died) – Appellant
Versus
Chathu Nambiar of Memenda Amsom Kizhal Desam – Respondent


Advocates:
N.R. Sesha Ayyar for Appellants.
S. Venkatachala Sastri for Respondents.

Judgments

Satyanarayana Rao, J.-The plaintiff obtained in the District Court the decree for rent claimed by him for the years 1932 to 1942 but that decree was reversed on appeal by the learned District Judge on the ground that his title to the suit property became extinguished by reason of a prior decree in O.S. No. 183 of 1931 on the file of the Badagara Additional District Munsif’s Court.

The suit out of which this second appeal arises was instituted for recovery of rent due under a registered marupat, dated 27th December, 1909, executed by the first defendant’s brother, one Krishnan Nambiar, since deceased to the plaintiff’s brother, deceased Govinda Variar. The second defendant in the suit is alleged to be the tenant under the first defendant and defendants 3 to 13 and 15 were subsequently impleaded as parties interested in the property under the will of Krishnan Nambiar, the executant of the marupat. The 14th defendant is a member of the tarwad of the plaintiff and he was impleaded to protect the interests of the members of the tarwad. The first defendant disclaimed interest in the property by his written statement and the second defendant and the other defendants were the main











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