THULASI Vs. AMMAYAPPA PILIAL AND ORS.

JUDGEMENT

(1.) THESE two appeals are from the judgment of Basheer Ahmed Sayeed, J., disposing of two connected Civil Miscellaneous Appeals Nos. 355 and 356 of 1952. It is sufficient to mention the following facts for disposal of these two appeals.

(2.) THE first respondent, claiming to be the reversioner to the estate of one Subbanna Pillai, filed a suit O.S. No. 1 of 1944 in the Court of the Subordinate Judge of Thanjavur, for recovery of possession of several items of properties from several alienees who were in possession of particular properties on the ground that the alienations were not binding on him. The appellant before us was an alienee of two sets of properties under two usufructuary mortgages for Rs. 5,000 and Rs. 3,000 respectively. The alienee, inter alia pleaded that the first respondent was not the reversioner. They also contended that the respective alienations in their favour were binding on him.

(3.) NEITHER the plaintiff nor any of the defendants 7 to 15 appealed against the decree so far as it concerned items abovementioned. Some of the other alienees, however, defendants 1, 2 and 4, filed an appeal to this Court, Appeal No. 540 of 1945 against that portion of the decree which related to the items in their possession, namely items 13 to 15 of Schedule B. Their grounds of appeal included a ground that the plaintiff was not the reversioner.