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1936 Supreme(Mad) 490

VENKATARAMANA RAO
K. M. M. Palaniappa Chettiar – Appellant
Versus
Ramaswami Servai – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is an application to revise an order refusing delivery of possession under Order 21, Rule 95, Civil Procedure Code. The petitioner filed O.S. No. 31 of 1929 on the file of the Subordinate Judges Court of Devakottai on a mortgage executed by one Muthuswami Servai, father of respondents 1 and 2 herein. The property mortgaged was admittedly joint family property wherein the said Muthuswami Servai and his sons were interested. In execution of the said decree three items of mortgaged property mentioned in the decree therein were brought to sale and purchased by the petitioner himself on the 29th June, 1931. After the purchase, the petitioner filed an application E.A. No. 118 of 1932 for delivery of possession of the said items and obtained delivery of items 2 and 3 but not of item 1. This was in consequence of an obstruction by respondents 1 and 2. The petitioner then filed an application on the 4th March, 1932, E. A. No. 203 of 1932 on the file of the Court of the Subordinate Judge of Devakottah for removalof the obstruction. It may be stated that before the petitioner purchased the said properties, the second respondent, Krishna Servai had filed a








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