Rangasawmi Iyengar Vs. Rangasawmi Iyengar and ors.

Rangasawmi Iyengar vs Rangasawmi Iyengar and ors.

Type Court Judgment Court Chennai Decided Mar 15, 1912

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Citation: sooperkanoon.com/809007
Court: Chennai
Judge: Sankaran Nair, J.
Decided On: Mar 15, 1912
Subject: Civil;Property

Case Summary

AI-generated summary - not the official court judgment text.

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. -

Key legal issue: Civil;Property

Parties & Advocates

Appellant / Petitioner

Rangasawmi Iyengar

Respondent

Rangasawmi Iyengar and ors.

Legal References

Reported In: 14Ind.Cas.282

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.

Full 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.

Same Parties Rangasawmi Iyengar vs Rangasawmi Iyengar and ors. Same Subject Civil;Property Same Judge Sankaran Nair, J.

Civil;Property