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1936 Supreme(Mad) 238

VARADACHARIAR
Ellappa Naiker – Appellant
Versus
Sivasubramania Maniagaran – Respondent


JUDGMENT

Varadachariar, J.

1. These petitions ask for the revision of two orders passed by the District Collector of Tinnevelly, in petitions presented to him under Section 205 of the Estates Land Act, against the orders of the Sub-Collector passed on two applications under Section 131 of the Estates Land Act.

2. The applications to the Sub-Collector purported to be made on behalf of a mortgagee of the holding, a portion whereof had been sold for arrears of rent. An objection was raised before the Sub-Collector that the applications should not be treated as properly presented, because Subbayya Naidu who purported to present the petitions was not an agent of the mortgagee in the sense contemplated by Sections 36 and 37 of the old Civil Procedure Code, corresponding to Rules 1 and 2 of Order 3 of the present Code. The Sub-Collector however treated that objection as not fatal; but, on the merits, he was of opinion that as deposed to by the Village Officers who had been examined as witnesses on the counter-petitioners side, the mortgage relied on in support of the applications must have been discharged by a subsequent arrangement between the mortgagor and the mortgagee.

3. It does not appe





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