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Lakshmamma Vs. Krishniah - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1904)14MLJ490
AppellantLakshmamma
RespondentKrishniah
Excerpt:
- - 1. we are clearly of opinion that the suit as brought will not lie neither as a suit for possession nor as a suit for the recovery of the money the plaintiff is not entitled to possession, for the property was not mortgaged to him and he is not entitled to another decree for the recovery of the money as he has already got one.1. we are clearly of opinion that the suit as brought will not lie neither as a suit for possession nor as a suit for the recovery of the money the plaintiff is not entitled to possession, for the property was not mortgaged to him and he is not entitled to another decree for the recovery of the money as he has already got one. we must, therefore, reverse the order of the district judge remanding the suit for trial and restore that of the district munsif dismissing the suit with the defendant's costs in this and in the district court.
Judgment:

1. We are clearly of opinion that the suit as brought will not lie neither as a suit for possession nor as a suit for the recovery of the money The plaintiff is not entitled to possession, for the property was not mortgaged to him and he is not entitled to another decree for the recovery of the money as he has already got one. We must, therefore, reverse the order of the District Judge remanding the suit for trial and restore that of the District Munsif dismissing the suit with the defendant's costs in this and in the District Court.


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