RANGAN PATTAR Vs. LAKSHMI NEITHIAR AND 3 ORS

JUDGEMENT

(1.) AS regards the first point relied on by the appellant, viz., that no appeal lay from the order of the District Munsif we are concluded by authority. See the judgment of the Full Bench in Ramaswami Sastrulu, V/s. Kameswarumma I.L.R. 23 M. 361. The Judgment of the Privy Council in Chowdry Wahed Ali V/s. Mussamat Jamee 11 B.L.R. 149 a case in which, in the language of that Judgment, the circumstances were peculiar and exceptional, is not in conflict with the decision of the Full Bench of this Court.

(2.) AS regards the facts, it is not necessary to determine whether the burden of proof was on the execution creditor the 6 defend-ant. There is a finding of fact by the lower appellate Court that the 6 defendant proved chat the property in question formed the tavazhi property of the defendant. There is evidence to support the finding. The appeal is dismissed with costs.