The Bank of Bapatla Ltd. , represented by its Secretary, Gelli Adiseshu, Cause title amended as per order, dated 17th October, 1951, on C. M. P. No. 7742 of 1951 by correcting the description of the Bapatla Mutual Benefit Co. , Limited, as Bank of Bapatla, Li vs Manyam Bibi etc.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1954 Supreme(Mad) 447

K.SUBBA RAO
The Bank of Bapatla Ltd. , represented by its Secretary, Gelli Adiseshu, Cause title amended as per order, dated 17th October, 1951, on C. M. P. No. 7742 of 1951 by correcting the description of the Bapatla Mutual Benefit Co. , Limited, as Bank of Bapatla, Li – Appellant
Versus
Manyam Bibi etc. – Respondent

Advocates:
P.Satyanarayana Raju and M. Ramakrishna for Appellant.
A.L.Narayana Rao for the Respondent.

Judgment: S.A. No. 1936 of 1950. —

This Second Appeal arises out of O.S. No. 273 of 1948, a suit filed by the Bapatla Mutual Benefit Company, Ltd., against the defendants for recovery of a sum of Rs. 246-2-1 claimed to be due to them under a simple mortgage, dated 23rd November, 1936. The said document was executed by the 1st defendant for herself and as guardian of the 2nd defendant in favour of the plaintiff for Rs. 500.

The main defence raised in the case is that the debt is liable to be scaled down under the provisions of the Madras Agriculturists Relief Act (Act IV of 1938). The plaintiff contended that the debt is exempted from the operation of the Act both under section 4(e) and also under section 10(2) (iii). Both the Courts held against the contention of the plaintiff. Hence the appeal.

The two points may be considered separately. Section (e) of the Act reads:

“Nothing in this Act shall affect debts and liabilities of an agriculturist falling under the following heads:

(e) any liability in respect of any sum due to any Co-operative Society, including a Land Mortgage Bank, reg1stered or deemed to be reg1stered under the Madras Co-operative Societies Act, 1932, or any debt due

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