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Armugam Pillay Vs. Kathana Pillay and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.560a
AppellantArmugam Pillay
RespondentKathana Pillay and anr.
Cases ReferredSee Ram Narain Ram v. Palu Patak
Excerpt:
transfer of property act (iv of 1882), section 85 - whether applies to suits in ejectment. - 1. it is contended before us that the third defendant ought to have been made a party to the appeal under section 85 of the transfer of property act. but the suit is not one under the provisions of chapter iv of the transfer of property act. it is not a suit for foreclosure, sale or redemption. it is in ejectment. we are of opinion that section 85 of the transfer of property act does not apply to such suits. see ram narain ram v. palu patak 1 a.l.j.r. 367. no other question of law arise on the facts found.2. we dismiss the second appeal with costs.
Judgment:

1. It is contended before us that the third defendant ought to have been made a party to the appeal under Section 85 of the transfer of Property Act. But the suit is not one under the provisions of Chapter IV of the Transfer of Property Act. It is not a suit for foreclosure, sale or redemption. It is in ejectment. We are of opinion that Section 85 of the Transfer of Property Act does not apply to such suits. See Ram Narain Ram v. Palu Patak 1 A.L.J.R. 367. No other question of law arise on the facts found.

2. We dismiss the second appeal with costs.


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