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1929 Supreme(Mad) 294

A AYYAR
Munuswami Mudali – Appellant
Versus
Jagannadha Reddi – Respondent


ORDER

Ananthakrishna Ayyar, J.

1. This is an application for amendment of the decree passed in Second Appeal No. 1568 of 1923 by the late learned Chief Justice. The second appeal was disposed of on 24th March 1926 and it was dismissed with costs. The appellants in the second appeal were defendants 2, 3 and 4. The original suit was for recovering possession of certain properties with past profits, Rs. 60 and future profits at the rate of Rs. 60 per year.

2. The first Court dismissed the suit on the merits. On plaintiffs appeal to the District Court of Chingleput, the District Judge reversed the District Munsifs decree and on 20th November 1922 gave judgment in favour of the plaintiffs. Para. 20 of the lower appellate Courts judgment is relevant to the points that I am now considering:

Therefore 1 reverse both decrees of the lower Court and in O.S. No. 346 of 1919. I give plaintiff the decree sought for with possession and Rs. 60 mesne profits as deposed to by P.W. 1 and subsequent profits at the same rate till delivery.

3. As I said, the second appeal preferred by the defendants against that decision of the learned District Judge was dismissed by the High Court on 24th March 1926. The de








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