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1946 Supreme(Mad) 229

PATANJALI SASTRI, BELLIE
K. Swaminatha Iyer – Appellant
Versus
K. G. Krishnaswami Iyer – Respondent


Advocates:
B. Sitarama Rao and T. S. Vaidyanatha Aiyar for Appellants.
V. Ramaswami Aiyar and A. Achuthan Nambiar for Respondents.

Patanjali Sastri, J.-These connected appeals, though arising out of two suits tried separately by different Subordinate Judges, are aimed at securing the same relief to the appellants-plaintiffs, viz., a declaration that a Court-sale held in execution of a decree obtained against their father is not binding on their shares in the property sold. The plaintiffs and their father are admittedly members of a joint Hindu family. The father and his brother since deceased borrowed Rs. 2,500 from the Madras People’s Bank, Ltd., (in liquidation), executing a promissory note dated 19th January, 1938. The bank sued for recovery of the amount due and obtained a decree against the executants. The plaintiffs were not made parties to the suit. In execution of the decree the house now in question which admittedly belongs to the joint family was attached on 21st June, 1939, and on the following day the Court struck off the execution proceedings ordering however, that the attachment was to subsist for four months. Within that period the bank filed afresh execution petition on 16th October, 1939, and, after sundry procedure consequent on the bank going into liquidation and the Official Liquidator bein












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