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Ramasami Iyengar Vs. Sriranga Chariar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.681
AppellantRamasami Iyengar
RespondentSriranga Chariar and ors.
Excerpt:
declaratory suit - declaratory decree--execution. r obtained a decree declaring that he was entitled. - - we are clearly of opinion that under the decree, the appellant is entitled to recover possession of the keys......costs will abide the.....
Judgment:

1. In the suit the prayers were for a certain declaration and that the temple keys should he handed over to the plaintiffs.

2. The decree gave the declaration, and stated that the plaintiffs 'are entitled to the keys of the temple.' The present appellant claiming to be the representative of the decree-holder sought to execute this decree and asked that the keys should he delivered to him. The District Judge, although no such objection was taken by the respondents, raised the point that the decree was purely declaratory and could not be executed and decided the point against the appellant. We are clearly of opinion that under the decree, the appellant is entitled to recover possession of the keys. The decree cannot be substantially distinguished from the decree in L.P. Appeal No. 22 of 1899. We therefore, reverse the decision of the District Judge and remand the application for disposal according to law.

3. The costs will abide the result.


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