Chennai Court December 1914 Judgments
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Rangammal Vs. Sevugan Chetti, Minor by His Guardian, Chockalingam Chet ...
Court: Chennai
Decided on: Dec-01-1914
Reported in: (1915)28MLJ327
1. The District Munsif has not found who is in possession of the property. He only assumes that the petitioner's husband was in possession. Without a finding as to who is in possession this matter cannot be disposed of. If the petitioner is in exclusive possession of the property in her own right, she is entitled to get the properties released. from attachment. If she is in possession of the property only as a joint tenant or a tenant-in-common i.e., on her own behalf and on behalf of the judgment-debtor, the decree-holder is entitled to attach and sell the judgment-debtor's interest in the property. With reference to the above observations, the Munsif will return a finding after taking evidence on the question of possession. Mr. K.R. Subramania Sastri argues that the matter is not one for interference under Section 115 of the Civil Procedure Code. Where the District Munsif has disposed of a case without deciding a question which under the Code of Civil Procedure he is bound to decide ...