MOYANKUTTY Vs. NARAYANAN NAIR
HIGH COURT OF MADRAS
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Ramaswami, J. -
(1.) This civil revision petition is filed against the order made by the learned District Munsif of Manjeri refusing to allow an amendment in O.S. No. 155 of 1949.
(2.) The short facts are: the plaintiff filed this suit for recovery of possession of the properties held under a mortgage sued on. The mortgage sued on hero is for Rs. 400. There was also a claim for arrears of purappad. Defendants 3 to 7 are said to be tenants in possession under the mortgagees. Defendants 1 and 2 deposited the arrears of rent claimed in the suit and the suit was stayed under Act 17 of 1946.
(3.) This plaintiff thereupon filed an amendment petition (LA. No. 668 of 1950) giving up the claim for recovery of possession of the plaint property and adding a prayer for the extinguishment of the mortgage, i.e. he gave up a portion of his claim. Moyankutty and Ors. vs. Narayanan Nair and Ors. (29.02.1952 - MADHC) Page 1 of 2;
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