IN THE HIGH COURT OF MARAS
A Rahim, Napier
Peela Yarakayya And Anr.
Versus
Kanumuri Venkata Krishnam-Raju
Decided On : 18 April, 1917
Conclusive Order - Property Claim - The court held that the order on the claim of the defendant was conclusive as stated in Order XXI, Rule 63, and the mere fact that the suit was instituted by the plaintiff to recover possession of the property from the defendant within one year of that order and the defendant put in a written statement also within that time, would make no difference.
Fact of the Case:
Defendant's claim to the property was disallowed by the court after finding that he had no title to the property. The plaintiff brought a suit to recover possession of the property from the defendant within one year of the order passed on the claim petition of the defendant.
Finding of the Court:
The court held that the order on the claim of the defendant was conclusive as per Order XXI, Rule 63, and dismissed the appeal with costs.
Issues: Dispute over property claim, effect of court order on subsequent suit for possession.
Ratio Decidendi: The court relied on the legal provision of Order XXI, Rule 63 to conclude that the order on the defendant's claim was conclusive, regardless of the subsequent suit filed by the plaintiff.
Final Decision: The appeal was dismissed with costs.
1. The question is exactly covered by the decision in Bailur Krishna Rau v. Lakshmana Shaubhogue 4 M. 302 : 1 Ind, Dec. (N.S.) 1046. Here the defendants claim to the property was disallowed, it being found by the Court which enquired into his petition of claim that he had no title to the property. He never sought to set aside the order. On the other hand he trespassed upon the property after possession had been given by the Court to the plaintiff. Then the plaintiff brought a suit and the suit happened to have been filed within one year of the order passed on the claim petition of the defendant. The defendant filed a written statement claiming, the property as his own. The learned District Judge has held, following the case which we have cited, Bailur Krishna Rau v. Lakshmana Shanbhogue 4 M. 302 : 1 Ind, Dec. (N.S.) 1046. that the order on the claim of the defendant was conclusive as stated in Order XXI, Rule 63 : and the mere fact that the suit was instituted by the plaintiff to recover possession of the property from the defendant within one year of that order and the defendant put in a written statement also within that time, would make no difference. It is not suggested that the decision in Bailur Krishn Rau v. Lakshmana Shanbhogue 4 M. 302 : 1 Ind, Dec. (N.S.) 1046. has been dissented from in a later decision of this Court, though it is stated that there are some rulings of other High Courts to the contrary. We follow the ruling of this Court and dismiss the appeal with costs.
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