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1924 Supreme(Mad) 846

PHILLIPS
Sait Siva Pratapa Bhattadu – Appellant
Versus
A. E. L. Mission – Respondent


JUDGMENT

Phillips, J.

1. This appeal relates to the conflicting claims of the parties to money awarded, as compensation for land acquired. The appellants are the fourth mortgagees of the owner of the land and the respondents are the attaching creditors of the owner and have attached the land in execution of their decrees. The fourth claimant (the first respondent) attached the land in execution of his decree on 9th October 1920. The mortgage in favour of the appellants was executed on 12th November 1921, and the attachment by the seventh and eighth claimants (Respondents 2 and 3) was in October 1922. The award of the Collector is dated 31st July 1922, but that does not decide the respective rights of the several claimants, but referred the question to the District Court for decision. The compensation money was not received in the District Court until after October 1922, as distinctly stated by the District Judge, although an attempt has been made to show that he was wrong.

2. The first question raised for the appellants is that the attaching decree holders are not persons interested in the land within the meaning of Section 9 of the Land Acquisition Act, and it is contended that, in o














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