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1976 Supreme(Mad) 297

RAMANUJAM, BALASUBRAMANYAN, P.S.KAILASAM
Bangaru Chettiar – Appellant
Versus
San Basha Sahib – Respondent


Advocates:
R.S. Venkatachari, for Appellant; T.R. Mani for K. Sarvabhauman and K. Sampath, for Respondents.

Judgement

RAMANUJAM, J.:- The question that arises for our consideration in this case is whether the benefit of Sec. 23-C of the Tamil Nadu Agriculturists' Relief Act 1938, introduced by the Amending Act 8 of 1973, could be availed of by a judgment-debtor whose property has been sold after 24-1-1973, the date of coming into force of the said amending Act. This question has been referred to us by Mohan J., in view of the divergent opinions now prevailing on the said question.

2. The respondents herein obtained a decree against the appellant herein in O. S. 703 of 1970 on the file of the District Munsif Court, Cuddalore, and in execution of that decree applied for the sale of the judgment-debtor's properties in E. P. No. 1187 of 1973. The appellant filed an application under Section 20 of the Act 4 of 1938 for stay of execution of the decree so as to enable him to apply under Section 19 of the Act for scaling down the decree debt. In that application, stay of execution was ordered on 28-4-1973. The appellant thereafter filed an application under Section 19 on 28-6-1973, in I. A. No. 2437 of 1973. On the ground that the appellant had not filed an application under Section 19 exactly wit































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