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Subbakke Vs. Maruppakkala and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1892)2MLJ54
AppellantSubbakke
RespondentMaruppakkala and anr.
Excerpt:
- .....from the date of the detainer's possession becoming unlawful. the mere retention of the deeds in defendant's possession after payment of the decree amount was not unlawful, though plaintiffs had a legal right to demand delivery, but his retention of them after a lawful demand for delivery was made was an illegal detention.2. the time will therefore ran from the date of demand (july 1885) and the suit is not barred.3. the judge does not state he entertains any doubt on the question of misjoinder and we see no reason to consider it under the provisions of section 617, civil procedure code, in answer to the last question the point for decision is whether plaintiffs are entitled to the deeds. if they are and if the defendant is not entitled to detain them there can be no question of.....
Judgment:

1. We are of opinion that Article 49 applies. The original possession of the title-deeds by defendant was lawful and the time runs from the date of the detainer's possession becoming unlawful. The mere retention of the deeds in defendant's possession after payment of the decree amount was not unlawful, though plaintiffs had a legal right to demand delivery, but his retention of them after a lawful demand for delivery was made was an illegal detention.

2. The time will therefore ran from the date of demand (July 1885) and the suit is not barred.

3. The judge does not state he entertains any doubt on the question of misjoinder and we see no reason to consider it under the provisions of Section 617, Civil Procedure Code, In answer to the last question the point for decision is whether plaintiffs are entitled to the deeds. If they are and if the defendant is not entitled to detain them there can be no question of security.


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