UMMAR SAHIB Vs. VYTHILINGA MUDALI

JUDGEMENT

(1.) Before deciding the appeal we must ask the District Judge to return findings--as to whether there was in fact a sale to the 2nd. defendant,--and if so, whether the plaintiff, when he took his sale-deed, had notice of the prior sale to the 2nd defendant.

(2.) The findings should be returned by the 81 July 1908 when seven days will be allowed for filing objections. In compliance with the above order the District Judge of South Arcot submitted the following Finding

(3.) I have been directed by the High Court to return findings on the following two questions: (a) Whether there was in fact a sale to the 2nd defendant? (b) If there was such a sale, whether plaintiff, when he took his sale-deed, had notice of that sale?