High Courts(1939) 04 MAD CK 0016

S. Viswanatha Aiyar and Others vs Narayanaswami Aiyar and Another

Madras High Court · Decided on 27 April 1939 · Citation: (1939) 50 LW 201 : (1939) 2 MLJ 398

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Judgment

6 paragraphs · 143 words
1.

We uphold the preliminary objection that no appeal lies from the order u/s 23 of the Madras Act IV of 1938. This is not a question relating to

the execution, discharge or satisfaction of the decree u/s 47 of the Civil Procedure Code.

2.

Moreover, on the merits, the appellants have no case. They had no interest in the 8th item of property sold, either at the time of the sale or even

at the time the suit was filed. They had parted with all their interest in the 8th item in 1931, at least five years before the suit was filed.

3.

This appeal is dismissed with costs of the respondents (two sets).

4.

We are asked to treat this as a Civil Revision Petition but there is no question of jurisdiction and we are unable to accede to this request.