Chennai Court August 1892 Judgments

Viraraghava and anr. Vs. Venkata

Court: Chennai

Reported in: (1893)ILR16Mad287

1. The suit is one to recover possession of land with mesne profits. Veeraragava Ayyangar, the first defendant, obtained a decree for money against the plaintiff, Venkata Chari, in Original Suit No. 104 of 1876. In execution of that decree, he attached and brought to sale the plaint and other lands. In July 1878, at the Court auction, first defendant himself purchased the plaint land and was put in possession, Plaintiff thereupon filed a suit to set aside the sale on the ground that first defendant had purchased without the permission of the Court. It was held in second appeal, Viraraghava v Venkata I.L.R. 5 Mad. 217 that a suit would not lie and that plaintiff's remedy, if any, was in execution. Plaintiff then applied to the Subordinate Court which passed orders cancelling the sale. Plaintiff now brings a suit for possession. The Subordinate Judge was of opinion that, as the matter is one which arises in the execution of the decree, the suit is barred by the provisions of Section 244 ...