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1947 Supreme(Mad) 331

PATANJALI SASTRI, BELLIE
S. A. R. Chinnan Chettiar – Appellant
Versus
The Estate Manager, Sivaganga Estate – Respondent


Advocates Appeared:
V. Ramaswami Aiyar for Appellant.
K. Kuttikrishna Menon for Respondent.

Patanjali Sastri, J.-

This appeal arises out of an application to execute a decree for arrears of rent obtained by the Zamindar of Sivaganga represented by the Estate Manager, the respondent herein, against one Kannappa Chettiar deceased. The decree was passed on 31st July, 1929, and though Kannappa died on 28th November of the same year successive applications, each within 3 years of the preceding one, were filed subsequently in the Revenue Court for execution of the decree against the said judgment-debtor as if he were alive on those dates but were allowed to be dismissed for non-prosecution. The present application (E.P. No. 5784 of 1944) which has given rise to this appeal was filed on 10th July, 1941, against the same person but it was returned by the Special Deputy Collector with the remark that as the judgment-debtor was dead his legal representatives should be added. The respondent decree-holder accordingly applied on 24th April, 1943, to bring on record the appellant and another as the legal representatives of Kannappa and that application was ordered on 27th October, 1943. The appellant then objected to the execution of the decree on the ground that it was barred by limit











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