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1949 Supreme(Mad) 284

RAGHAVA RAO
Sayyaparaju Surayya – Appellant
Versus
Nekkanti Anandayya – Respondent


Advocates:
V. Parthasarathy and N. Seetharamayya for Appellant.
P. Somasundaram and P. Suryanarayana for Respondents.

Judgment

This second appeal arises out of a suit for recovery of possession, -which has been dismissed by both the Courts below. The suit was laid on the basis that there was an alienation by a limited estate holder, in favour of the plaintiff which was quite valid and binding upon the defendant, who happened to be reversioner to the estate. There was, in fact, a small cause suit on a prior occasion by this very plaintiff against this very defendant, who at the time occupied the position of a lessee, for recovery of rent. During the time the small cause suit was pending there was a reference to arbitration, not through Court but outside. The award that resulted from the arbitration declared that the present defendant was a reversioner to the estate of the last male holder and that the plaintiff had no title to the property, which had been the subject-matter of the alienation by the widow of the last male holder. After the award, curiously enough there was still a decree passed in the small cause suit, apparently because the award was not sought to be relied upon by the defendant in answer to the claim for rent made in that suit. In this suit, which thereafter came to be instituted,


















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