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1962 Supreme(Mad) 286

S.RAMACHANDRA.IYER
Rukkumani Ammal (died) – Appellant
Versus
Kamachi Ammal – Respondent


Advocates Appeared:
R. Gopalaswami Iyengar, for Appellants; S. Sitarama Iyer and S. Rajaraman, for Respondent.

Judgement

JUDGMENT :- This appeal arises out of an obstruction offered by the appellant at the time of delivery to the respondent of certain property, in execution of a mortgage decree. The appellant is a Court auction purchaser; that purchase was in execution of a simple money decree against the debtor. The latter, an agriculturist entitled to the benefit of Act V of 1954 was indebted to a creditor under a promissory note of the year 1950. No suit could be filed against an agriculturist debtor during the time when Act V of 1954 and the Ordinance which preceded were in force. The prohibition contained in those two enactments was in force from 6-12-1953 to 1-7-1955. The legislation also provided safeguards to the creditor who was prevented from filing a suit for recovery of his dues. Sec. 6 which is one of these provisions says :

"Effect of transfer of immovable property by debtor :- Every transfer of immovable property by a debtor entitled to the benefit of S. 3 or S. 4, made after the commencement of the Ordinance and before the 1st of March 1955, shall, in any suit or other proceeding, with respect to such transfer, be presumed, until the contrary is proved, to have been made with












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