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1946 Supreme(Mad) 100

CHANDRASEKHARA.AIYAR
Gedela Atchayya – Appellant
Versus
Koppisetti Appalaraju – Respondent


Advocates:
M. Appa Rao for Appellants.
C. Rama Rao for Respondents.

Order

Original Suit No. 204 of 1929 was a suit to recover possession of a site from defendants 1 to 3, to have a street restored, and for the payment of a sum of Rs. 50 as damages for the year 1928. The plaint was presented on 13th July, 1929. There was a decree in favour of the plaintiffs on 17th August, 1931, directing defendants 1 to 3 to remove the enclosure around the site that they had put up and to put the plaintiffs in possession of it so that it might be available for communal user of the plaintiffs and the defendants; the street was to be restored to its original condition, and defendants 1 to 3 were directed to pay the plaintiffs Rs. 30 as damages for the year 1928. There was no claim for mesne profits subsequent to 1928 and the decree awarded none. The decree-holders applied to the District Munsiff in I. A. No. 221 of 1943 for the ascertainment of future mesne profits under Order 20, rule 12, Civil Procedure Code and for a decree for the amount that may be ascertained. They were resisted by the first defendant, one of the three judgment-debtors, who pleaded that the liability had become discharged by reason of section 10, clause (2) of the Madras Debt Conciliation Act, 1











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