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2001 Supreme(Mad) 649

K.GOVINDARAJAN, A.SUBBULAKSHMY, P.SHANMUGAM
Manimekalai Ammal – Appellant
Versus
Swamidorai Padayatchi – Respondent


Advocates Appeared:
Mr.R. Subramanian in SA No.238/86, Mr.M. Krishnappan in SA.Nos. 19181 & 1919 of 86. Mr.R. Subramanian for M/s N. Mala in SA.No.1943 of 86, Mr.S. Sivashamugham for Mr.T.P. Manoharan in SA No.2047 of 86. Mr.N.S. Nandakumar for Mr.R. Subramanian in SA.No.231 of 87 Advocates for Appellants. Mr.R. Subramanian in SA No. 238 of 86 Mr.M. Doraiswamy in SA No.1918 & 1919 of 86. Mr.R. Sukantharaj in SA.No.1943 of 86. Mr.N.S. Nandakumar in SA.No.2047 of 86. Mr.G. Kathirvelu, Advocate in SA.No.231 of 87, Advocates for Respondents.

Judgment :

P. Shanmugham, J.

1. To resolve the conflict of views on the interpretation of Section 34 of the Tamil Nadu Debt Relief Act (Act 40 of 1979), this Full Bench has been constituted.

2. Several enactments have been made to provide relief to the indebted agriculturists and persons right from Act 4 of 1938, the Tamil Nadu Agriculturists Relief Act. We are presently concerned with the debt relief legislations namely Ordinance 1 of 1975 replaced by the Tamil Nadu Indebted Agriculturists (Temporary Relief) Act 10 of 1975, the Tamil Nadu Indebted Agriculturists (Temporary Relief) Act 15 of 1976 as amended by the Tamil Nadu Debt Relief Laws (Amendment) Act of 1977, the Tamil Nadu Debt Relief Laws (Second Amendment) Act of 1977, The Tamil Nadu Debt Relief Laws (Amendment) Act of 1978 and the Tamil Nadu Debt Relief Act 40 of 1979. A moratorium has been imposed by the provisions of these Acts against institutions of suits during the subsistence of these Acts for a total period of 4 years, 4 months and 27 days. The last of the Act that we are concerned with namely the Tamil Nadu Debt Relief Act, 1979 excludes the time for limitation and dissolution of stay proceeding in respect of cer


















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