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1930 Supreme(Mad) 180

M.NAIR
(Haji A. S. ) Abdul Muhammad – Appellant
Versus
Seethalakshmi Ammal And Ors. – Respondent


JUDGMENT

Madhavan Nair, J.

1. The plaintiff is the appellant. The suit out of which the second appeal arises was for recovery of possession of properties from defendants 1,4 and 5. The properties originally belonged to the family of. defendants 2 and 3. Defendant 1 sued defendants 2 and 3, the coparceners of her husband in O.S. No. 46 of 1914 for the maintenance due to her and for charging the said maintenance on the properties included in that suit. That suit was compromised and a razinami decree was passed in favour of the present defendant 1 After the said decree, defendant 2 sold the suit properties and other properties to the present plaintiff under Ex. A dated 5th July 1917. Subsequently defendant 1 applied for execution of the decree in O.S. No. 46 of 1914 and the suit properties were sold in execution of the decree for recovery of the arrears of maintenance accrued due subsequent to the date of the decree and defendant 1 herself purchased the properties for Rs. 601 under Ex. 4 and obtained possession of them through Court. She subsequently sold the properties to defendants 4 and 5. The plaintiff who had purchased the suit properties under Ex. A, tried to set aside the sale, b











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