This is a revision against the order of the lower Court dismissing the application under section 20 of the Madras Agriculturists Relief Act (hereinafter called the Act) for stay of the execution of the decree in O.S.No.533 of 1933. The learned counsel for the respondent raised a preliminary objection that a “revision” is not maintainable as an appeal lies against the order of the lower Court. To appreciate his contention, some of the relevant facts may be stated.

The respondent, Ramachandra Reddiar. filed O.S.No.553 of 1933 on the file of the District Munsif of Arni on a promissory note executed by the petitioners father. To that suit the petitioner’s father was the first defendant, the petitioner was the fourth defendant and his other brothers were impleaded as defendants 2, 3 and 5. The respondent obtained a decree on 3rd August, 1934. After the passing of the Act, the fifth defendant, one of the sons, filed Application No.1211 of 1943 and obtained stay of execution of 7th September, 1943. He also filed an application I.A.No.1605 of 1943 under section 19 of the Act and on 21st March, 1944, the decree was scaled down under the Act. After some infructuous attempts at execution, the

Click Here to Read the rest of this document