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Kruttiventi Satyanarayanamurthy Vs. Sree Rajah Kandregula Srinivasa Jagannadharao Pantulu Bahadur Zamindar Garu - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1943Mad657(2); (1943)2MLJ135
AppellantKruttiventi Satyanarayanamurthy
RespondentSree Rajah Kandregula Srinivasa Jagannadharao Pantulu Bahadur Zamindar Garu
Excerpt:
- .....in law and the court has accordingly to see before applying the provisions of the act whether the decree in question is barred by limitation or not. it is not open to the court to scale down the decree at the instance of the decree-holder reserving the plea of limitation raised by the judgment-debtor for disposal 'in appropriate proceedings.2. as the respondent says that he will be in a position to establish that the decree is not barred by limitation on the date of his application under section 19 and that he should now be given an opportunity to do so, the case has to go back to the lower court for the determination of that point.3. no objection has been raised before me to the manner in which the court below has scaled down the decree. if the decree is found to be not time barred,.....
Judgment:

Patanjali Sastri, J.

1. The view expressed by the lower Court that in a proceeding under Section 19 of the Madras Agriculturists' Relief Act, the Court cannot go into the question whether the decree sought to be scaled down is barred or not cannot be supported. The Act contemplates relief being granted to agriculturist debtors only in respect of debts which are enforceable in law and the Court has accordingly to see before applying the provisions of the Act whether the decree in question is barred by limitation or not. It is not open to the Court to scale down the decree at the instance of the decree-holder reserving the plea of limitation raised by the judgment-debtor for disposal 'in appropriate proceedings.

2. As the respondent says that he will be in a position to establish that the decree is not barred by limitation on the date of his application under Section 19 and that he should now be given an opportunity to do so, the case has to go back to the lower Court for the determination of that point.

3. No objection has been raised before me to the manner in which the Court below has scaled down the decree. If the decree is found to be not time barred, that portion of the order of the Court below will stand.

4. The case will be remanded to the Court below for disposal in the light of the Costs will abide and follow the result.


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