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theyya Velan Vs. Kochan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1897)7MLJ290
Appellanttheyya Velan
RespondentKochan and anr.
Excerpt:
- .....code of civil procedure debars a suit against a certified purchaser by a person claiming to be the real purchaser or deriving title from the real purchaser.2. the contending parties here do not occupy the position contemplated in the section, as the 1st defendant is not the certified purchaser but an assignee of the certified purchaser. the assignment by the certified purchaser to the 1st defendant does not clothe him with the certified purchaser's right to object to the unsustainability of a suit as if it had been brought against himself. the protection given to the certified purchaser cannot be transferred by him. the 1st defendant did not therefore stand in the certified purchaser's shoes as the sub-judge has held.3. we must accordingly reverse his decree and remand the appeal for.....
Judgment:

1. Section 317 of the Code of Civil Procedure debars a suit against a certified purchaser by a person claiming to be the real purchaser or deriving title from the real purchaser.

2. The contending parties here do not occupy the position contemplated in the section, as the 1st defendant is not the certified purchaser but an assignee of the certified purchaser. The assignment by the certified purchaser to the 1st defendant does not clothe him with the certified purchaser's right to object to the unsustainability of a suit as if it had been brought against himself. The protection given to the certified purchaser cannot be transferred by him. The 1st defendant did not therefore stand in the certified purchaser's shoes as the Sub-Judge has held.

3. We must accordingly reverse his decree and remand the appeal for disposal upon the merits.

4. Costs to abide the result.


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