SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(Mad) 691

A.R.LAKSHMANAN
Manickam Chettiar – Appellant
Versus
Ramanatha Devar – Respondent


Advocates:
S.Srinath for Mrs.Prabha Sridhevan, for Petitioner. Mrs.Krishnaveni for T.R. Rajaraman, for Respondent.

Judgment :

The petitioner in both the civil revision petitions is the decree holder in O.S. Nos.380 and 381 of 1973 on the file of the District Munsif’s Court, Thiruthuraipoondi. The respondent in both the revisions is the judgment-debtor in the suits.

2.. The short facts are, in both the suits, preliminary decree was passed on 211. 1973 and final decree on 27. 1974. The petitioner/decree-holder filed execution petitions for realising the decree amount together with interest by sale of the immovable property mentioned in the execution petitions. According to la Devar (AR.Lakshmanan, J.) 399 the petitioner, he bona fidely believed that Sec.3 of the Tamil Nadu Indebted Agriculturist (Temporary Relief) Act X of 1975 would operate as a bar to his execution petitions and hence he filed two execution petitions on 2. 1990 and 12. 1990 respectively. The time during which Sec.3 of Tamil Nadu Act X of 1975 operated as a bar shall be excluded as per Sec.5 of the said Act. The court below held that the execution petitions are out of time. It is against the said order, the above revisions have been filed by the decree holder.

3. Learned counsel for the respondent/ judgment-debtor raised an obje


















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top