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1940 Supreme(Mad) 314

PATANJALI SASTRI
Periyatan Katanhipalli Kannan Nambiar – Appellant
Versus
Ullannur Madhathil Subramania Pattar – Respondent


JUDGMENT

Patanjali Sastri, J.

1. These revision petitions arise out of applications made by defendants 1 and 2 (judgment-debtors and respondents in C.R.P. No. 691 of 1939) under Section 19 of the Madras Agriculturists Relief Act for scaling down the compromise decree in O.S. No. 1 of 1936 on the file of the lower Court. The suit was brought on a mortgage bond executed on 16th July, 1923, for the payment of Rs. 9,000 in eighteen instalments of Rs. 500 each payable every eight months commencing from 7th February, 1924. Trie decree-holder (the petitioner in C.R.P. No. 691 of 1939) started a kurichit as stake-holder with twenty subscribers each contributing Rs. 10,000 in twenty equal instalments on the terms and conditions set out a what is called the kurivari. According to these terms, the amounts collected from the subscribers in respect of each instalment was to be put up for auction among them and allotted to the bidder who offered the highest discount, such discount being distributed among the subscribers as profits. The defendants 1 and 2 who had together subscribed for one ticket in the. kurichit on behalf of their forward were the successful bidders at the second auction held on
















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