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Chithambaram Chetti Vs. Natesan Chetti and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1896)6MLJ616
AppellantChithambaram Chetti
RespondentNatesan Chetti and anr.
Excerpt:
- .....directs that the court shall cause the proper process to be issued for putting the purchaser in possession. the intention, which the language suggests, is s that the purchaser shall be placed in possession without being under the the necessity of instituting a suit for that purpose. it' the execution of '4 the process is obstructed, the provision of the code of civil procedure became applicable. to hold otherwise would be to defeat the intention of section 40 of the revenue recovery act, which gives a certificate the same force, which a decree of court has under the code of civil procedure.2. we set aside the order of the district munsiff and direct that the petition be restored to the file and disposed of in accordance with law. counter-petitioner will pay the costs of this petition.
Judgment:

1. Section 40 of Act II of 1864 directs that the court shall cause the proper process to be issued for putting the purchaser in possession. The intention, which the language suggests, is S that the purchaser shall be placed in possession without being under the the necessity of instituting a suit for that purpose. It' the execution of '4 the process is obstructed, the provision of the Code of Civil Procedure became applicable. To hold otherwise would be to defeat the intention of Section 40 of the Revenue Recovery Act, which gives a certificate the same force, which a decree of court has under the Code of Civil Procedure.

2. We set aside the order of the District Munsiff and direct that the petition be restored to the file and disposed of in accordance with law. Counter-petitioner will pay the costs of this petition.


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