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1920 Supreme(Mad) 321

A.RAHIM
Vythilinga Padayachi And Three – Appellant
Versus
Ponnuswami Padayachi – Respondent


JUDGMENT

Abdur Rahim, J.

1. The first plaintiff and the grandfather of the 4th plaintiff in this suit obtained the properties in dispute in exchange from one Srinivasa Aiyar on the 3rd August 1900 but no resgistered deed was executed as is required by law and therefore there was no effective transfer of title to the plaintiffs. The plaintiffs however remained in possession of the properties since that date. On the 29th April 1910, they were attached at the instance of one Chidambaram Chetti, who had obtained a decree against Srinivasa Aiyar. The plaintiffs put in a claim on the 1st October 1910 and it was allowed by an order dated the 1st December 1910. Then Chidambaram Chettiar, the attaching creditor, instituted a suit under the provisions of the Code of Civil Procedure to establish that the properties belonged to his judgment-debtor and that he was entitled to attach them and bring them to sale in discharge of his decree. This was on the 21st December 1910. A decree was passed in that suit in his favour on the 3rd November 1911. That was ultimately confirmed by the High Court in Second Appeal on the 24th September 1913. During the pendency of this suit, that is, on the 3rd Novembe













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