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1967 Supreme(Mad) 399

K.VEERASWAMI, T.RAMAPRASADA RAO
Perumal Naicker – Appellant
Versus
T. Ramaswami Kone – Respondent


Advocates:
A. Sundaram Iyer and T. R. Mani, for Appellant.
N. Ramachandran, N. Sivamani, N. Krishna Mitra and V. Narayanaswami, for Respondent No. 1.
The Government Pleader for 2nd Respondent.

Veeraswami, J.—

This appeal, under the Letters Patent, is from the judgment of Venkatadri, J., by which he reversed the decree of the appellate Court below him and decreed the suit. The first respondent having defaulted in repayment of a loan obtained from the State, the second respondent, under the provisions of the Land Improvements Loan Act, the Petter engine and pump-set, which the first respondent had purchased out of the funds provided by the loan, were attached in recovery proceedings under the provisions of the Revenue Recovery Act, and brought to sale. The appellant was the purchaser. He was impleaded as the second defendant in the suit, which was to set aside the sale on the ground, among others, that the engine being a permanent fixture to the land, it was an immovable property, and that in the recovery proceedings the procedure applicable to such property having not been applied, the sale itself was invalid. The first two Courts below differed in their view as to the nature of the property, the first appellate Court being of opinion that it was not an immovable property. Venkatadri, J., was not prepared to accept that view and stated:

“When once a land owner borrows mone











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