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Rajabadar Naidu and ors. Vs. a Chandrappa Naidu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1894)4MLJ13
AppellantRajabadar Naidu and ors.
RespondentA Chandrappa Naidu
Excerpt:
- .....to this case and under section 266 of the code of civil procedure, it is only the saleable property of the judgment-debtor that is liable to be attached. it is unnecessary for the purpose of the appeal to determine, whether future rents might be attached in execution of a decree if the villages were not inalienable. so far as the melvaram produce which had accrued due to the judgment-debtor is concerned, its liability to attachment is not disputed. i set aside the order of the district court in so far as it relates to melvaram produce which had not accrued due at the date of the application for attachment and appointment of receiver and otherwise confirm it.2. each party is to bear his costs.
Judgment:

Muthusami Aiyar, J.

1. It is provided by Regulation IV of 1831 as modified by Act XXIII of 1888 that the grants referred to in Section 11 of the former enactment shall not be liable to attachment in satisfaction of any decree or order of court. The two villages of which the melvaram right appellant seeks to attach were granted as shrotriem villages and they have not been enfranchised. The order made by the judge is at variance with Regulation IV of 1831 so far as it sanctions the attachment of melvaram which had not accrued due at the date of the application for execution. The principals on which C. M. A, No. 102 of 1889 was decided is also applicable to this case and under Section 266 of the Code of Civil Procedure, it is only the saleable property of the judgment-debtor that is liable to be attached. It is unnecessary for the purpose of the appeal to determine, whether future rents might be attached in execution of a decree if the villages were not inalienable. So far as the melvaram produce which had accrued due to the judgment-debtor is concerned, its liability to attachment is not disputed. I set aside the order of the District Court in so far as it relates to melvaram produce which had not accrued due at the date of the application for attachment and appointment of receiver and otherwise confirm it.

2. Each party is to bear his costs.


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