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1953 Supreme(Mad) 94

MACK
V. T. C. Chengama Naidu – Appellant
Versus
Velayudha Mudaliar – Respondent


Advocates:
Kasturi Seshagiri Rao and Kasturi Sivaprasada Rao for Appellant.
R. Gopalaswami Aiyangar, K. Rajah Aiyar and M. Natesan for Respondents.

Judgment.-

This is an appeal by a Court auction-purchaser against an order by the learned District Judge of Chingleput directing him to pay mesne profits of Rs.2,914-8-6 to the judgment-debtors in O.S.No.6 of 1929. In execution of a mortgage decree in this suit for Rs.18,000 on a principal of about Rs.11,000 about 12 acres of land were brought to sale and purchased by the appellant for Rs.4,411 on 4th August, 1937. An application, M.P.No.453 of 1937, was made under Order 21, rule 90, Civil Procedure Code, for setting aside the Court sale. During its pendency Act IV of 1938 was passed and an application was made by the debtors under section 19 to scale down the decree debt. M.P.No.453 of 1937 was first heard and dismissed on 20th December, 1940, and the Court sale in favour of the appellant was confirmed whereupon he took possession through Court on 18th January, 1941. The judgment-debtors filed an appeal, C.M.A.No.10 of 1941. This was allowed in July, 1942 by Wadsworth and Patanjali Sastri, JJ., and the order confirming the sale was set aside with a direction that the scaling down application should be disposed of in the first instance. This decision is incidently reported in Velayu







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