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1966 Supreme(AP) 82

JAGMOHAN REDDY, NARASIMHAM, VENKATESAM
Pedda Edla Ram Kishtiah – Appellant
Versus
Manne Pochiah – Respondent


JAGANMOHAN REDDY, J.

( 1 ) THE only question involved in this C. M. S. A. before us is whether ollala Ambiah v. Avadhanula Mallanna, (1964) 1 Andh WR 319: (AIR 1964 Andh-Pra 514) requires re-consideration in so far as it affects attachments of properties in execution of decrees obtained against agriculturists governed by the provisions of the Hyderabad Tenancy and Agricultural Lands Act (XXI of 1950) (hereinafter called the Act ).

( 2 ) IT may be stated that the Munsif Magistrate, Kamareddy passed an order on 30-4-1959 directing the decree-holder to obtain and produce sanction of the Collector as required under Section 47 of the Act for the sale of lands under attachment. As this order was not complied with, the execution petition was struck off. In appeal, the District Judge, Nizamabad sustained that order firstly on the ground that once the decree-holder has submitted to the order, and approached the Collector, he cannot now turn round and say that the order of the Court below passed on 30th of April, 1959 was not correct, and secondly, that Act was passed not only for regulating the relations of land-holders and tenants of agricultural lands but also for preventing alienations o













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