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1937 Supreme(Mad) 169

VENKATARAMANA RAO
Padmanabha Iyer – Appellant
Versus
Visalakshmi Achi – Respondent


ORDER

Venkataramana Rao, J.

1. This is a revision petition against an order made in the course of proceedings taken Under Section 40, Revenue Recovery Act, for delivery of possession of the property purchased by the petitioner in a revenue sale. The property known as Mattangangal estate was brought to sale for arrears of revenue by reason of the default committed by the pattadars Karuppan Chetti and Avadayam Chetti and purchased by the petitioner Padmanabha Iyer. The said sale was confirmed on 20th June 1935 and a certificate of sale was issued in his favour Under Section 38, Revenue Recovery Act. On the strength of the said certificate, he made an application to the District Court of Tanjore for delivery of possession of the said property and an order for delivery was made; but when he sought to take possession, he was obstructed by Visalakshmi Achi, the respondent herein. Thereupon the petitioner filed an application Under Order 21, Rule 95 and 98, Civil P.C. for removal of the obstruction and delivery of possession. The plea of the respondent was that the purchase of the estate was made benami for her and with the aid of her moneys, and that she soon after took possession of the e






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