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1941 Supreme(Mad) 174

PATANJALI SASTRI
Gade Subbayya – Appellant
Versus
Raja Kandukuri Venkata Hanumantha Bhushanarao – Respondent


JUDGMENT

Patanjali Sastri, J.

1. These petitions relate to the petitioners claim to recover his costs, etc., in Privy Council Appeals Nos. 99 and 100 of 1933 in which a preliminary mortgage decree for Rs. 26,302-3-6 passed in favour of the petitioner was upheld by His Majesty in Council on the 26th September, 1936.

2. The petitioner applied in C.M.P. No. 949 of 1939 in the lower Court for a final decree for the balance of the amount due under the preliminary decree after giving credit for amounts paid from time to time by the respondent judgment-debtor, and the latter filed LA. No. 506 of 1938 to scale down the decree under the Madras Agriculturists Relief Act (hereinafter referred to as the Act). Both these applications were dealt with together and the learned Subordinate Judge finding that sums already paid by the respondent amounted to more than twice the principal amount of the debt after adjusting such payments towards all costs decreed to the petitioner including the costs now claimed directed full satisfaction of the decree to be recorded under Section 19 of the Act and dismissed the application for a final decree. From these orders the decree-holder has preferred these civil r





















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