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Kunhunha Umma Vs. Valoth Assenar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1902)12MLJ405
AppellantKunhunha Umma
RespondentValoth Assenar and ors.
Excerpt:
- 1. it appears that the property was purchased by the plaintiff at a sale held in order to recover the amount due to government as stamp fees in o.s. no. 26 of 1892. the property now in question was a portion of its subject-matter. such being the case, the sum recoverable by government was a first charge on the property under section 411 of the civil procedure code. the 2nd defendant was a subsequent purchaser of the same property in execution of a decree which he obtained against the estate of the deceased for debts due by him. the crown having a first charge on the property, the plaintiffs purchase prevails as against that relied on by the 2nd defendant. on this ground, we confirm the decision of the district judge and dismiss this second appeal with costs.
Judgment:

1. It appears that the property was purchased by the plaintiff at a sale held in order to recover the amount due to Government as stamp fees in O.S. No. 26 of 1892. The property now in question was a portion of its subject-matter. Such being the case, the sum recoverable by Government was a first charge on the property under Section 411 of the Civil Procedure Code. The 2nd defendant was a subsequent purchaser of the same property in execution of a decree which he obtained against the estate of the deceased for debts due by him. The Crown having a first charge on the property, the plaintiffs purchase prevails as against that relied on by the 2nd defendant. On this ground, we confirm the decision of the District Judge and dismiss this second appeal with costs.


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