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1947 Supreme(Mad) 59

WADSWORTH
Kuppa Sankara Sastri and others – Appellant
Versus
Kakutnanu Varaprasad and another – Respondent


Advocates Appeared:
M.S. Ramachandra Rao for Appellants.
P. Satyanarayana Rao for Respondents.

Judgment.-

The appellants were indebted to the respondents under a mortgage of 1928. A suit was filed on the mortgage and a preliminary decree was passed on the 13th August, 1937, for a sum of Rs. 4,119-7-4. A final decree followed on the 8th January, 1938. An application was filed under section 19 of Madras Act IV of 1938 to scale down the decree. At the time when this application was filed, execution proceedings were pending. The application was rejected on the ground that the judgment-debtors were not agriculturists, they having no saleable interest in agricultural lands. The sale was held on the 9th January, 1939. Item I realised Rs. 1,900 and item II realised Rs. 2,223. The decree-holder was the purchaser of both lots. The judgment-debtors filed a revision petition against the dismissal of their application under section 19 of the Act but there was no stay of confirmation of the sale, nor was any deposit made or tendered even of the admitted amount. The revision petition resulted in a decision that to the extent of their interest in the equity of redemption the judgment-debtors must be deemed to have been possessed of a saleable interest in agricultural lands and therefore to b












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