Skip to content


Rangasawmi Iyengar Vs. Rangasawmi Iyengar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.282
AppellantRangasawmi Iyengar
RespondentRangasawmi Iyengar and ors.
Excerpt:
civil procedure code (act v of 1908), order xxi, rules 97 and 99 - execution--obstruction to delivery of possession--property in possession of undivided hindu members not parties to suit--remedy. - sankaran nair, j.1. the petitioner has got his remedy by suit. farther, the contesting claimants being undivided members of the same family, they must be deemed to be in possession and cannot be dispossessed of their interest in execution. there is no ground for interference under section 115 of the civil procedure code. the petition is dismissed with costs.
Judgment:

Sankaran Nair, J.

1. The petitioner has got his remedy by suit. Farther, the contesting claimants being undivided members of the same family, they must be deemed to be in possession and cannot be dispossessed of their interest in execution. There is no ground for interference under Section 115 of the Civil Procedure Code. The petition is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //