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Thottilakath Puthiapurayil Alias Kurikkalavita Kunhabdulla Vs. Thottilagath Puthiapurayil Alias Kurikkalavita Abubacker and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1942Mad320; (1942)1MLJ217
AppellantThottilakath Puthiapurayil Alias Kurikkalavita Kunhabdulla
RespondentThottilagath Puthiapurayil Alias Kurikkalavita Abubacker and ors.
Excerpt:
- lakshmana rao, j.1. the view of the collector that orders cannot be passed on a petition under section 20 (1) of the madras act xvii of 1939 until the suit for partition under chapter iii of the act has been finally disposed of, is opposed to section 20, clause (3), which requires proceedings under chapter iii to be stayed during the pendency of the petition under section 20 (1) and his order cannot for that reason be sustained. it is accordingly set aside and the petition under section 20 (1) is remanded to him for disposal according to law. costs upto date will abide and follow the result.
Judgment:

Lakshmana Rao, J.

1. The view of the Collector that orders cannot be passed on a petition under Section 20 (1) of the Madras Act XVII of 1939 until the suit for partition under Chapter III of the Act has been finally disposed of, is opposed to Section 20, Clause (3), which requires proceedings under Chapter III to be stayed during the pendency of the petition under Section 20 (1) and his order cannot for that reason be sustained. It is accordingly set aside and the petition under Section 20 (1) is remanded to him for disposal according to law. Costs upto date will abide and follow the result.


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