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1955 Supreme(Mad) 25

MACK, KRISHNASWAMI NAYUDU
A. Bacha Saheb. – Appellant
Versus
Nariman K. Irani. – Respondent


Advocates:
K.Venkateswaran for Appellant.
T.C.A.Anandalwar, P.R.Varadarajan, T.T.Srinivasan and A.N.Rangaswamy for Respondents.

Mack, J.- I have read with great interest the order of my learned brother, with which I am in substantial agreement. In C.R.P.Nos.1663 and 1666 of 1954, in which we dealt with the court-fee payable on the suits, we expressed the view that they were limited in scope and that the City Civil Court had no jurisdiction to determine the scaled-down amounts, if the mortgagors were found to be ‘agriculturists’ entitled to relief under section 13-A of the Madras Agriculturists’ Relief Act as amended by Act XXIII of 1948. Within this limited scope of granting an injunction restraining exercise of powers of sale under section 69 of the Transfer of Property Act until the scaled-down amount is determined in a competent Court by appropriate proceedings, the City Civil Court has no jurisdiction, in my view, to lay down any terms under which the powers of sale under section 69 can be exercised ; nor can the mortgagee exercise these powers except for the scaled-down amount. It is regrettable that in the earlier injunction suit filed, the right of the mortgagee to substantial relief under section 13-A was not even mentioned, and it would appear that this aspect of the matter was completely overlooke



















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