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Erattakolam Melvittil Karnavan and anr. Vs. K.P. Suppan Menon - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.67
AppellantErattakolam Melvittil Karnavan and anr.
RespondentK.P. Suppan Menon
Excerpt:
civil procedure code (act xiv of 1882), section 10, explanation - property situate in foreign territory--jurisdiction. - 1. item no. 1 is admittedly, in cochin territory and was so on the date of this suit. the british courts have no jurisdiction to entertain a suit for possession of that property. see explanation to 16 of the code of civil procedure.2. we must modify the decree of the courts below and dismiss the suit as regards item no. 1.3. with reference to the mesne profits also the decree is modified, the profits of item no. 2 alone are to be ascertained in execution and given to the plaintiff. each party will bear his own costs throughout.
Judgment:

1. Item No. 1 is admittedly, in Cochin territory and was so on the date of this suit. The British Courts have no jurisdiction to entertain a suit for possession of that property. See Explanation to 16 of the Code of Civil Procedure.

2. We must modify the decree of the Courts below and dismiss the suit as regards item No. 1.

3. With reference to the mesne profits also the decree is modified, the profits of item No. 2 alone are to be ascertained in execution and given to the plaintiff. Each party will bear his own costs throughout.


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