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Pakkiri Mahamad Saib Vs. Subramaniya Naicker and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.356
AppellantPakkiri Mahamad Saib
RespondentSubramaniya Naicker and ors.
Excerpt:
suit for possession of house - allegation that defendant became owner of house under a fraudulent decree--special prayer to set aside the decree not made--general prayer for any other relief--maintainability of suit--pleadings. - 1. the second issue framed raises the question whether the decree in original suit no. 424 of 1897 was fraudulent and collusive, and a finding that it was would justify its setting aside. in the plaint there is in addition to the prayers, for possession and costs, a prayer for any other suitable relief, and under this general prayer it is open to the court to set the decree aside. we, therefore, reverse the decrees of the courts below and remand the suit for disposal according to law. costs will abide the event.
Judgment:

1. The second issue framed raises the question whether the decree in Original Suit No. 424 of 1897 was fraudulent and collusive, and a finding that it was would justify its setting aside. In the plaint there is in addition to the prayers, for possession and costs, a prayer for any other suitable relief, and under this general prayer it is open to the Court to set the decree aside. We, therefore, reverse the decrees of the Courts below and remand the suit for disposal according to law. Costs will abide the event.


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