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1942 Supreme(Mad) 46

PATANJALI SASTRI
V. E. R. M. K. Krishnan Chettiar by Agent Rama Aiyangar – Appellant
Versus
Nachimuthu Goundar – Respondent


JUDGMENT

Patanjali Sastri, J.

1. The petitioner in these connected civil revision petitions obtained a decree for Rs. 4,678 against the respondent on 23rd October, 1930 and, after recovering various amounts from time to time, applied on 7th January, 1938 for execution of the decree in E.P. No. 18 of 1938 for realising the balance of Rs. 627. The respondents property was in due course brought to sale on 8th February,. 1939 and was purchased by a third party. The respondent then applied on 3rd March, 1939 under Section 19 of the Madras Agriculturists Relief Act to enter satisfaction of the decree as no amount would, according to him, be payable to the petitioner if the provisions of the Act were applied to the decree. When this application was pending, he also applied under Order 21, Rule 89 of the Code of Civil Procedure to set aside the sale of his property making the necessary deposit on 8th March, 1939, the last day of the period limited for making such application. The petitioner as well as the auction-purchaser appear to have consented to have the sale set aside and an order setting aside the sale was accordingly passed on 17th March, 1939. Nothing however turns on such consent,










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