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1945 Supreme(Mad) 327

WADSWORTH
Kandukuri Chellamma alias Mangamma – Appellant
Versus
Sri Ranganilayam Ramakrishnarao – Respondent


JUDGMENT

Wadsworth, J.

1. These two matters both arise out of a decree passed in 1929 for Rs. 23,799. On 6th July, 1935, in execution of that decree, a sale was held of two items of property. Item I was an inam village, item 2 was a less valuable property. An application was preferred under Order 21, Rule 90, Section 47 and Order 21, Rule 72(3) of the Civil Procedure Code, to set aside the sale. That application was dismissed by the lower Court on 6th March, 1943, in so far as: it related to the first item. On 18th March, 1943, the judgment-debtors filed an application under Section 19 of Madras Act IV of 1938, praying the Court to scale down the decree on the footing that they were agriculturists. The decree-holder objected that they were not agriculturists and that the decree had been fully satisfied by the sale which had just been confirmed. On 22nd March, 1943, the trial Court, without giving a finding on the question whether or not the applicants were agriculturists, dismissed the application on the ground that no decree subsisted. Against the order dismissing the application to set aside the sale CM.A. No. 372 of 1943 has been filed. Against the order dismissing the applicatio




















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