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1958 Supreme(Ker) 140

KOSHI, M.S.MENON
Kannan – Appellant
Versus
Krishnan Nair – Respondent


Judgment :-

1. This Civil Miscellaneous Second Appeal arises out of an application to cancel the confirmation of a court sale held on 25-1-1954 in O.S. No. 590 of 1950 on the file of the District Munsiff of Hosdrug. The sale took place pursuant to a final decree passed in a suit for arrears of rent wherein a charge was claimed on the leasehold interest. When the judgment-debtors the appellants herein, committed default in paying the debt within the time specified by the preliminary decree, the decree-holder (Respondent 1) applied for and obtained a final decree directing the sale of the leasehold interest. Subsequently he took out execution seeking to sell that interest and at the sale held on 25-1-1954, respondent 2 to this appeal, a stranger, purchased it. The court confirmed the sale on 1-3-1954 and the application giving rise to the appeal was filed on 2-4-1954. The ground on which cancellation of the confirmation was sought was that it was done in contravention of the provisions of the Madras Indebted Agriculturists (Temporary Relief) Act. 1951 (Act V of 1954) which came into force on 6-2-1954. The sale took place before the Act was enacted, but the confirmation was subsequent


























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