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1940 Supreme(Mad) 409

ALFRED HENRY LIONEL LEACH
Thondam Annamalai Mudali – Appellant
Versus
Tiruttani Ramasami Mudali – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This Full Bench has been constituted to decide two questions referred by Krishnaswami Aiyangar and Somayya, JJ., in a second appeal arising out of a suit for possession. The two questions are:

1. Whether an application by a stranger auction-purchaser for delivery of possession as against the judgment-debtor or his representative is covered by Section 47(C. P. Code)?

2. Whether Section 47 applies to a case where the dispute arises between a party and his own representative or between the two persons who both represent the same party?

2. Before proceeding to discuss these questions I will state the circumstances under which they arise.

3. One Kalathi Mudaliar obtained a money decree and on the 18th September, 1921, in execution of that decree attached certain immovable property. On the 26th September, 1921, the judgment-debtors widow sold the property to defendants 1 to 3. On the 7th January, 1922, the property was sold by the Court in the execution proceedings and the plaintiff, a stranger, became the auction-purchaser. On 1st March, 1932, the plaintiff filed a suit for possession of the property. The trial Court (the District Munsifs Court of T





























































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