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1942 Supreme(Mad) 428

ALFRED HENRY LIONEL LEACH
Fatima Bibi – Appellant
Versus
A. Hajee Muhammad Usman Sahib died – Respondent


ORDER

Alfred Henry Lionel Leach, C.J.

1. The main question in this appeal is whether a suit filed by a decree-holder under the provisions of Order 21, Rule 63, Civil Procedure Code, to declare his right to attach certain property arrests the running of limitation in favour of a person in adverse possession of the property.

2. The parties are Mohammadans and are relations. The suit out of which this appeal arises was filed in the Court of the Subordinate Judge of Chingleput by A. Abdul Gaffoor, who died during its pendency. Thereupon his widow, Fatima Bibi, and his daughter, Bathla Bibi, continued the suit as his legal representatives. The first defendant is the brother of the deceased plaintiff and the second defendant is his sister. The second defendant is the widow of one Dastagiri Sahib, who died in the month of February, 1920. Dastagiri was also survived by a son Mohamed Ghouse, and a daughter, Mahaboobi. On the 27th November, 1933, A. Abdul Gafoor obtained a decree against the estate of Dastagiri for the payment of Rs. 8,215-10-8. In execution of that decree he attached the properties with which this suit is concerned. The attachment was objected to by the first defendant on the











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