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Bhimarazu Varadayya Vs. Manchukonda Nammalwar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1910)20MLJ88
AppellantBhimarazu Varadayya
RespondentManchukonda Nammalwar and ors.
Excerpt:
- - the omission of grants of money or land revenue is significant and shews clearly that under act xxiii of 1871 such grants are not exempt from attachment.1. the question is whether an unenfranchised inam can be attached and sold in execution of a decree of a civil court. we think it can. the question must be settled by reference to act xxiii of 1871 which consolidates the law relating to pensions and grants by government of money or land revenue. now while section 4 of the act prevents a civil court from entertaining a suit relating to a pension or grant of money or land revenue it has been thought necessary in section 11 to state that certain pensions are not liable to attachment by the civil courts. the omission of grants of money or land revenue is significant and shews clearly that under act xxiii of 1871 such grants are not exempt from attachment.2. this appeal is dismissed wich costs.
Judgment:

1. The question is whether an unenfranchised inam can be attached and sold in execution of a decree of a Civil Court. We think it can. The question must be settled by reference to Act XXIII of 1871 which consolidates the law relating to pensions and grants by Government of money or land revenue. Now while Section 4 of the Act prevents a Civil Court from entertaining a suit relating to a pension or grant of money or land revenue it has been thought necessary in Section 11 to state that certain pensions are not liable to attachment by the Civil Courts. The omission of grants of money or land revenue is significant and shews clearly that under Act XXIII of 1871 such grants are not exempt from attachment.

2. This appeal is dismissed wich costs.


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