CHINNA GOUNDAN Vs. KALYANASUNDARAM AIYAR

JUDGEMENT

(1.) The appellants in this appeal are the judgment-debtors and the respondent is the holder of a decree which was obtained in 1922 and finally confirmed by the High Court in L.P.A. on 26 January, 1934. The decree is for the eviction of the appellants.

(2.) The appellants contended in the Courts below that the execution application could not be permitted, as, owing to the recent amendment of the Estates Land Act, they had acquired occupancy rights. This contention was upheld by the learned District Munsif, but on appeal, the learned District Judge of Salem has a owed execution to proceed.

(3.) There appears to have been some dispute in the Court of the District Munsif as to whether the land which is the subject-matter of this appeal was or was not part of an estate, as now defined by the Act. However, the respondent, who was the appellant before the learned District Judge, and against whom the District Munsif decided this point, did not raise it in his grounds of appeal and I need not therefore consider it either.