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1954 Supreme(Mad) 315

KRISHNASWAMI NAYUDU
Puthiya Veettil Chandanathil Mukkayi – Appellant
Versus
Thottathi Parambil Pathavumma and others – Respondent


Advocates Appeared:
N. Sundara Iyer, for Appellants; D.A. Krishna Variar and Ravi Varma, for Respondents.

Judgement

JUDGMENT : - The plaintiffs are the appellants. The appeal arises in a suit instituted by them for redemption and for recovery of possession in the following circumstances. The suit property belonged to one Koyamu, who was the brother of the plaintiffs and father of defendants 5 and 6. Kayamu mortgaged the property to the second defendant. The second defendant instituted O.S. No.513 of 1950 on the file of the District Munsifs Court of Ponnani for enforcement of the mortgage, obtained a decree for sale, purchased the property in execution of that decree and got possession of the same on 16-1-1938. The Madras Agriculturists Relief Act (Act 4 of 1938), came to be passed soon thereafter and the plaintiffs 2 to 4 and defendants 5 and 6 applied under S.23 of the said Act for setting aside the sale. The sale was set aside by order dated 27-7-1938. A petition was filed under S.20 of the Act. Then further proceedings were taken under the Act for scaling down the decree.

The decree was scaled down by an order of the District Munsif of Ponnani made on 27-10-1942. The amount of the decree was reduced. For the purpose of discharging the scaled down decree the first plaintiff for himself
















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