C VENKATASUBBIAH CHETTY Vs. CVVENUGOPAUL MUDELIAR

JUDGEMENT

(1.) The Judge finds that the money was in fact advanced for the purchase of the houses in question. The appellant raises several points of law and contends that the order of the Judge was wrong in law.

(2.) The order was made in the course of summary proceedings, under Section 278 of the Civil P. C.. The evidence shows a prima facie case in favour of the claimant and in an appeal from the order made in summary proceedings, we are not prepared to say the Judge was wrong.

(3.) The appellant has his remedy by way of suit under Order XXI, Rule 63 of Civil Procedure Code of 1908.