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1957 Supreme(Mad) 305

RAMASWAMI
Thangia alias Thangavelu Onthiriyan – Appellant
Versus
The Hanuman Bank Ltd. (in Liquidation), represented by Official Liquidators, Brahmayya and Co. – Respondent


Advocates Appeared:
G.R. Jagadesan and A.R. Ramanathan, for Appellants; G.N. Chary and R. Srinivasan, for Respondents.

Judgement

JUDGMENT : These are a batch of second appeals preferred against the decrees and judgment of the learned District Judge of West Tanjore in A. S. Nos. 73 to 102 of 1954, confirming the decrees and judgment of the learned Deputy Collector, Kumbakonam, in S. S. Nos. 1 to 4, 6 to 27 and 29 to 32 of 1952.

2.The facts are: The plaintiffs in these suits alleging themselves to be occupancy ryots filed the suits under Sec. 55 of the Madras Estates Land Act for issue of pattas. The Hanuman Bank Ltd., (in liquidation) represented by Official Liquidators, Brahmayya and Co. is the defendant in each of these suits. The liquidation ordered by this High Court is in progress. Both the Courts below held that the Deputy Collector, Kumbakonam, could not dispose of the suits by virtue of the provisions of Ss. 45-A, 45-B and 45-C of the amended Banking Companies Act, 1949, read with Sec. 11 of that Amending Act, that came into force on 18-3-1950. These suits were filed on or after 5-5-1951. Hence these second appeals by the defeated plaintiffs.

3. Before discussing the points raised before me by the learned Advocate-General on behalf of the appellants, I shall set out the relevant provisions of l












































































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