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1962 Supreme(Mad) 214

KUNHAMED KUTTI, S.RAMACHANDRA.IYER
Annammal – Appellant
Versus
Chellakutti – Respondent


Advocates Appeared:
N. Suryanarayana, for Appellant; M.S. Venkatarama Aiyar, for Respondent.

Judgement

RAMACHANDRA IYER, C.J. :- This appeal, which is filed against the judgment of Subrahmanyam, J., raises a question under Section 52, Transfer of Property Act. The property which forms the subject-matter in this litigation is half a share in what was purchased by one Peter Jagannathan, a Hindu convert to Christianity. His father, who remained a Hindu, had taken a second wife after Jagannathans mothers death. She and the two sons born of her are the appellants. Jagannathan died sometime in 1950, leaving behind him his widow and a son. A creditor of his instituted a suit, S. C. 524 of 1952, in the District Munsif Court, Kancheepuram, against the widow and son of Jagannathan, to recover the moneys due to him, and after obtaining a decree, brought the property that stood in the name of Jagannathan for sale in execution. The respondent, Chellakutti, was the purchaser at the Court sale. He obtained delivery of possession in due course.

2. The Court auction took place during the pendency of another suit, O. S. 436 of 1952, in the same Court. That suit was instituted by Jagannathans widow and son, who were the judgment-debtors under the decree in S. C. 524 of 1952, complaining that t












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