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Ramappaya and ors. Vs. Aithu Melanta and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.184
AppellantRamappaya and ors.
RespondentAithu Melanta and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 13 - suit to recover property as trustee--subsequent suit heirs after plaintiff's death--res judicata. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to article 309 of the.....1. the plaintiffs' father sued as trustee to recover certain property which had been .sold in execution of a decree against his grandfather and the suit was dismissed as barred by section 244, civil procedure code. the plaintiffs, after their father's death, brought this suit as trustees to recover the same property. whether the plaintiffs succeeded their father as trustees or the trusteeship was joint family property of which the father was manager, in either case the decision in the previous suit concludes the plaintiffs. the second appeal is dismissed with costs.
Judgment:

1. The plaintiffs' father sued as trustee to recover certain property which had been .sold in execution of a decree against his grandfather and the suit was dismissed as barred by Section 244, Civil Procedure Code. The plaintiffs, after their father's death, brought this suit as trustees to recover the same property. Whether the plaintiffs succeeded their father as trustees or the trusteeship was joint family property of which the father was manager, in either case the decision in the previous suit concludes the plaintiffs. The second appeal is dismissed with costs.


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