PETTACHI CHETTIAR Vs. SANGILI VEERA PANDIA CHINNATHAMBIAR

JUDGEMENT

(1.) THIS is an appeal from a decision of the High Court at Madras affirming the decision of the Lower Court upon the first issue in the suit. That issue was: "What is the nature of the right, title, and interest acquired under the sale certificate issued by this Court to the purchaser?"

(2.) THE first Court, after considering all the facts and the evidence in the case, came to the conclusion that all that was offered for sale, and all that was purchased under the sale was the interest which the father of the Defendant had at the time of his death.

(3.) THERE were two concurrent findings of the Court. It may be said that they were not upon a mere question of fact, but on a question of mixed law and fact. As regards the fact, both Courts came to the conclusion +hat what was offered for sale, and what was intended by the purchaser to be purchased, was the right and interest which the father had at the time of his death.