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1951 Supreme(Mad) 170

SUBBA RAO
T. V. Srinivasaraghava Aiyangar – Appellant
Versus
M. Narasimha Mudaliar – Respondent


Advocates:
T.R. Srinivasan for Petitioner.
K.S. Rajagopalackari for Respondent.

Judgment.-This is a revision petition against the judgment of the Subordinate Judge of Chingleput in S.C.S.No.56 of 1949. The suit was filed by the respondent for recovery of the rent due to him under a muchilika dated 12th June 1948, executed by the petitioner in his favour. The petitioner executed a usufructuary mortgage deed in favour of the respondent and the mortgagee executed a lease back in his favour. The suit was by the usufructuary mortgagee for recovery of the rent on the basis of the said lease. The petitioner contended in the Court below that under section 9-A(6)(a) of the Madras Agriculturists Relief (Amendment) Act, 1948 (Act XXIII of 1948) he was only liable to pay interest but not the rent agreed to be paid under the lease deed. The learned Subordinate Judge held that the petitioner could avail himself of the said provision only at the time when he would be taking steps to scale down the mortgage debt in its entirety. In the result he gave a decree to the respondent as claimed. The above revision petition was filed against that order.

Learned counsel for the petitioner repeated the contention which his client unsuccessfully raised in the Court below. Section 9-A had


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