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1955 Supreme(Mad) 274

RAMASWAMI GOUNDER
S. R. Kulathu Iyer – Appellant
Versus
S. Manickavasagam Pillai – Respondent


Advocates:
K. Venkateswaran for Appellant in A.A.A.O. No. 222 of 1952.
K. Bashyam, S. Tyagaraja Ayyar and T.R. Srinivasan for Appellant in A.A.A.O. No. 223 of 1952.
A. Srirangachari and K. Hariharan for Respondents in both.

Judgment

These are two connected second appeals preferred against the decrees and Judgments of the learned Subordinate Judge, Tuticorin, in A.S. Nos. 76 and 77 of 1951, arising from the orders made by the learned District Munsif of Kovilpatti in O.P. Nos. 19 and 20 of 1950.

The facts are: The respondents’ father had become indebted to the appellant’s vendor. This indebtedness had come to a head in 1932, which, as the preamble to-Act IV of 1938 shows, was a year of great depression. In fact the beneficial Madras Act IV of 1938 and the other statutory legislation came to relieve the ryots of the overwhelming indebtness under which they were groaning. Therefore, in these circumstances, the respondents’ father wanted to settle his debts with the vendor of the appellant. The appellant’s vendor, on account apparently of the long transactions with these people, has taken a sympathetic view and has settled the amounts at much lower rates and has agreed to take the properties of these respondents’ father in discharge of those debts. The respondents’ father apparently being an agriculturist seems to have also pressed that if better times came he should be given an opportunity to purchase back











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