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1911 Supreme(Mad) 267

Mathunsa Rowthan – Appellant
Versus
Apsa Bin – Respondent


JUDGMENT

1. In the suit which gave rise to this second appeal the plaintiffs claimed to recover from the defendants Rs. 800 as compensation for improvements made by them while they were in possession, as auction-purchasers, of a house from which they were subsequently ejected by the defendants. The house belonged to one Johnsa Levvai and one Ramachandra Sastriar. These two persons mortgaged the house to one Samboo Ammal, the 4th defendant in the suit. The latter instituted a suit on the mortgage to which the defendants Nos. 1 to 3 in this suit were made parties as heirs of Johnsa Levvai, defendants Nos. 1 and 2 being his widows and the 3rd defendant his daughter. A decree was obtained on the mortgage and the properties were brought to sale. The plaintiffs became the purchasers at the sale and obtained possession of the house on the 7th August 1903. The 3rd defendant was a minor while the suit was going on and was represented by his uncle as guardian ad litem. Notice of the execution proceedings was issued to him. The process server could not find him as he had left for one of the islands beyond India. The process servers return stated that the 3rd defendant said that she had attaine













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