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Ganta Venkatasubbayya and anr. Vs. Peeru Pacha Saheb and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1931)60MLJ178
AppellantGanta Venkatasubbayya and anr.
RespondentPeeru Pacha Saheb and ors.
Excerpt:
- 1. in a.a.o. no. 61 of 1926 it was decided that a decree such as this could be executed against the removed trustees. so far as the appellants here (counter-petitioners 1 and 2) are representatives of defendant 2, one of the removed trustees, they cannot resist execution, and the appeal is dismissed with costs. so far as the appellant 1 claims also some right under defendant 2's sister, who was not a party to the suit, his remedy against the subordinate judge's order was by suit, not appeal.
Judgment:

1. In A.A.O. No. 61 of 1926 it was decided that a decree such as this could be executed against the removed trustees. So far as the appellants here (counter-petitioners 1 and 2) are representatives of defendant 2, one of the removed trustees, they cannot resist execution, and the appeal is dismissed with costs. So far as the appellant 1 claims also some right under defendant 2's sister, who was not a party to the suit, his remedy against the Subordinate Judge's order was by suit, not appeal.


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