High Courts(1900) 03 MAD CK 0019

Manikapalli Ramayya vs Chinna Rangayya and Another

Madras High Court · Decided on 16 March 1900 · Citation: (1900) 10 MLJ 234

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Judgment

7 paragraphs · 158 words
1.

On the facts found we do not think that the sale to the plaintiff by Hanumanthappa was a fraudulent transaction within the meaning of Section 53

of the Transfer of Property Act. It was genuine to the extent of Rs. 400 at least, and the result was that a creditor of Hanumanthappa''s was paid

off to that amount (see Ramasamia Pillai v. Adinarayana Pillai ILR (1897) M 465.

2.

We also think there was no misjoindr in this matter agreeing with the Munsif. We agree with the decision in Raghunath Mukund v. Sarosh E.R.

Kama (1871) M.H.C.R. 6 and following that we hold there was no misjoinder here. The result is that we reverse the decrees of the Courts below

and declare plaintiff''s title to the plaint properties and cancel the attachments made by the 1st defendant. The 1sl and 2nd defendants must pay the

plaintiff''s costs throughout in proportion to the value of their respective properties.