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1943 Supreme(Mad) 223

KUPPUSWAMI AYYAR
M. R. M. Murugappa Chettiar – Appellant
Versus
S. M. Chengalvaraya Chettiar – Respondent


JUDGMENT

Kuppuswami Ayyar, J.

1. The appellants before this Court are the legal representatives of the plaintiff in O.S. No. 115 of 1940 on the file of the District Munsifs Court of Trichinopoly, and the appeal arises out of a suit for recovery of money due in respect of the liability under the security bond executed by defendant 1 in the suit by respondent 2 herein. Defendants 2 to 5-respondents 3 to 6 herein are the sons of defendant 1. Defendant 6, respondent 1 in this appeal, was impleaded as the subsequent alienee of the hypotheca, being the purchaser of the house at the court auction held in O.S. No. 36 of 1928 on the file of the District Munsifs Court of Trichinopoly which was a suit filed by the Trichinopoly Municipality for recovery of arrears of municipal taxes due on the property. The plaintiffs contention was that the purchase in court. auction was as a result of fraud committed by defendant 6 in collusion with the other defendants. The main contest in appeal is as between the plaintiffs and defendant 6. In the sale held in O.S. No. 36 of 1928 defendant 6, respondent 1 in this appeal, purchased door No. 24. That suit was filed on 18th January 1928 for recovery of Rs. 60-8









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