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

1957 Supreme(Mad) 17

PANCHAPAKESA AYYAR, P.V.RAJAMANNAR
K. S. Ramaswami Iyer – Appellant
Versus
S. V. Krishnier – Respondent


Advocates:
S. Ramachandra Ayyar for Appellant.
G. R. Jagadisa Ayyar for Respondent.

Rajamannar, C.J.-This is an appeal against the judgment of Mack, J., in C.M.A. No, 415 of 1951. It arises out of certain proceedings before the Debt Conciliation Board, Kumbakonam. On 12th April, 1942, an agreement was reached between a creditor of the 13th respondent in E.P. Mo. 354 of 1949 on the file of the Subordinate Judge of Madurai and the 13th respondent, in and by which it was provided that a sum of Rs. 1,140 should be paid to the creditor and the said amount was charged on property belonging to the debtor. Under section 14 (2) of the Debt, Conciliation Act, the said agreement was directed to be registered and it was accordingly registered on 18th April, 1942. Under section 14 (2) on such registration the agreement takes effect as if it were a decree of a civil Court and executable as such:

The creditor, in whose favour the agreement was made, assigned her rights to one Krishna Iyer, the contesting respondent in this appeal. The assignment in his favour was recognised in the Kumbakonam Sub-Court on 3rd March, 1944. It is common ground that the said Krishna Iyer filed several petitions in the Kumbakonam Sub-Court for transmission of this decree to the Sub-Court, Madurai, wit






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