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1945 Supreme(Mad) 66

Chowdhari Abdul Subhan Sahib – Appellant
Versus
Kante Ramanna – Respondent


JUDGMENT

1. The question in this appeal is whether an uncertified adjustment of a decree can be pleaded by way of defence to a suit for possession instituted by the purchaser of property sold in execution of the decree against the judgment-debtor or his representative. The appeal has been heard by a Full Bench as there is considerable conflict of authority.

2. On the 16th March, 1911, one Lakshmi Narasamma, the widow of a deceased member of an undivided family, obtained a decree for maintenance against the two brothers of her husband and was given a charge on the property now in suit and other properties belonging to the joint family. Sometime before 1924--the record does not disclose the exact date--the decree was satisfied by a lump sum payment, but the adjustment was not certified under Order 21, Rule 2 of the Code of Civil Procedure. In 1927, in insolvency proceedings No. 20 of 1927 on the file of the Subordinate Judge of Rajahmundry one of the brothers, Jogayya Sastri, was adjudicated an insolvent. In 1932 the Official Receiver sold the insolvents share in the property in suit to one Subbarayudu, whose sons conveyed it on the 19th July, 1933, to the defendant. On the 4th Novembe














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