1947 Supreme(Mad) 283
SIR FREDERICK WILLIAM GENTLE, TYAGARAJAN
A. K. Govindarajulu Naidu – Appellant
Versus
L. A. K. Lakshmana Aiyar Firm – Respondent
Advocates Appeared:
S.V. Venugopala Chari for Appellant.
T.V. Ramanatha Ayyar for Respondent.
The Chief Justice.-The appellant is the judgment-debtor in O.S. No. 141 of 1932 wherein a sum exceeding Rs. 12,000 was decreed by the learned Subordinate Judge of Trichinopoly on the 31st August, 1933. In execution of the decree the decree-holder instituted E.P. No. 392 of 1934 for sale of certain properties belonging to the judgment-debtor, which had been attached pending suit. Sale was ordered and on the 20th November, 1935, the decree-holder became the purchaser. The sale was confirmed on 27th July, 1936 and part satisfaction of the decree was recorded in respect of the net sale proceeds. Two of the items of property sold were houses Nos. 9 and 10, Sayakara Street, Trichinopoly. In order to obtain possession, the decree-holder instituted E.A. No. 857 of 1936 and possession was ordered. When the Amin went to give delivery to the decree-holder, on 12th November, 1936, obstruction was offered by one Ayyammal, the widow of the judgment-debtor’s brother. She claimed right of residence during her lifetime in both the properties, Nos. 9 and 10. Thereupon the decree-holder filed E.A. No. 983 of 1936 on 4th December, 1946, to remove the obstruction pursuant to Order 21, rule 97. On 31st
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