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C. Rangasamy Naidu Vs. Chinnasamy Iyer and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1915)28MLJ326
AppellantC. Rangasamy Naidu
RespondentChinnasamy Iyer and ors.
Cases ReferredRaghava Chetty v. Pallate Sitamma
Excerpt:
- 1. this is a suit under section 92 of the civil procedure code, in which the appellant has been joined as an alienee of the trust property and a declaration and decree for possession have been given against him. according to the recent decision in raghava chetty v. pallate sitamma : (1914)27mlj266 it is not competent to the court to grant these reliefs against the alienee in a suit under section 92 of the code of civil procedure. the appeal must be allowed and the decree varied by dismissing the suit as against the 3rd defendant with costs throughout.2. we are not prepared to interfere with the discretion exercised by the district judge in not removing the 2nd defendant.3. the memorandum of objections is dismissed with costs.
Judgment:

1. This is a suit under Section 92 of the Civil Procedure Code, in which the appellant has been joined as an alienee of the trust property and a declaration and decree for possession have been given against him. According to the recent decision in Raghava Chetty v. Pallate Sitamma : (1914)27MLJ266 it is not competent to the Court to grant these reliefs against the alienee in a suit under Section 92 of the Code of Civil Procedure. The appeal must be allowed and the decree varied by dismissing the suit as against the 3rd defendant with costs throughout.

2. We are not prepared to interfere with the discretion exercised by the District Judge in not removing the 2nd defendant.

3. The memorandum of objections is dismissed with costs.


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