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1954 Supreme(Mad) 217

UMAMAHESWARAM, RAJAMANNAR
Shanmugavelu Pillai – Appellant
Versus
Karupannaswami Pillai – Respondent


Advocates Appeared:
K.S. Ramabhadra Iyer and S. Thyagaraja Iyer, for Appellant; S. Rajaraman, for Respondent.

Judgement

UMAMAHESHWARAN, J. :- This appeal is brought by the 53rd defendant in O.S. No. 86 of 1921, Sub Court, Madurai, as against the judgment and order of Chandra Reddy, J. in C.M.A. No. 124 of 1947 confirming the judgment and order of the Subordinate Judge of Madurai, in E. A. No. 393 of 1948 in E.P. No. 101 of 1945 in O.S. No. 86 of 1921. In E.P. No. 291 of 1943 in O.S. No. 268 of 1933 on the file of the District Munsifs Court, Madurai Town, the-decree for costs in O.S. No. 86 of 1921 was brought to sale, and the respondent herein who became the court auction-purchaser applied for execution of the decree for costs in E.P. No. 101 of 1945 and the appellant herein who was the only contesting respondent filed his objections on 11-9-1945. The right of the respondent to execute the decree was recognised on 8-10-1945. When the immoveable properties belonging to the appellant were attached on 15-10-1945, a claim petition was filed by the appellants wife setting up her title to the properties. The claim petition was allowed, holding that she had a life interest in the properties attached. The respondent thereafter sought to bring the vested remainder of the appellant to sale. The appel






































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