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Puthia Valappil Barga Alias Kunhunha Umma Vs. Veloth Assenar and Two ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad733
AppellantPuthia Valappil Barga Alias Kunhunha Umma
RespondentVeloth Assenar and Two ors.
Excerpt:
civil procedure code - act xiv of 1882, section 411--court fees--first charge on subject-matter of suit--purchase of portion of subject-matter at sale to recover court fees--subsequent purchase in execution under another decree--validity. - .....such being the case the sum recoverable by government was a first charge on the property under section 411 of the civil procedure code. the second defendant was a subsequent purchaser of the same property in execution of a decree which he obtained against the estate of the deceased for debts due by him. the crown having a first charge on the property the plaintiff's purchase prevails as against that relied on by the second defendant. on this ground we confirm the decision of the district judge and dismiss this second appeal with costs.
Judgment:

1. It appears that the property was purchased by the plaintiff at a sale held in order to recover the amount due to Government as stamp fees in Original Suit No. 26 of 1892 in which the plaintiffs therein succeeded. The property now in question was a portion of its subject-matter. Such being the case the sum recoverable by Government was a first charge on the property under Section 411 of the Civil Procedure Code. The second defendant was a subsequent purchaser of the same property in execution of a decree which he obtained against the estate of the deceased for debts due by him. The Crown having a first charge on the property the plaintiff's purchase prevails as against that relied on by the second defendant. On this ground we confirm the decision of the District Judge and dismiss this second appeal with costs.


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