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1976 Supreme(Mad) 488

SURYAMURTHY
Arunagiri Chit Fund firm through its partner, A. Arunagiri Nadar – Appellant
Versus
Mohammed Hanafi – Respondent


Advocates Appeared:
For the Petitioner:V. Shanmugham, Advocate.
For the Respondents:P.G. Krishnadar, Advocate.

Judgment :-

1. This is a civil revision petition against an order of the learned Principal District Munsif of Tirunelveli, holding that the defendants, who are the respondents herein, cannot be sued for the amounts doe to the plaintiff on a chit transaction because they are entitled to the benefits of the Tamilnadu Indebted Agriculturists (Temporary Relief) Act, 15 of 1976 and the Tamilnadu Indebted Persons (Temporary Relief) Act, 16 of 1976. He held that the definitions of ‘debt’ in S. 2(c) of Act 15 of 1976 and S. 2.(1) of Act 16 of 1976 are wide enough to include the liability, if any, of the defendants to pay the suit amount on the basis of a chit transaction. S. 2(c) of Act 13 of 1976 defines a debt as ‘any sum of money which a person is liable to pay under a contract, express or implied, for consideration received and includes rent in cash, or kind which a person is liable to pay or deliver in respect of the lawful use and occupation of ‘agricultural land” S. 2(1) of Act 16 of 1976 deflect a debt as “any liability in cash or kind whether secured or unsecured, due from an indebted person whether payable under a decree or order of a civil or revenue court or otherwise but does n



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