Skip to content


Bhimaraja Varadayya Vs. Manchu Konda Nammalwaru and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1057
AppellantBhimaraja Varadayya
RespondentManchu Konda Nammalwaru and ors.
Excerpt:
execution of decree - attachment--unenfranchised inam--pensions act (xxiii of 1871), sections 4 and 11. - - the omission or grants of money of land-revenue is significant and shows 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 or grants of money of land-revenue is significant and shows clearly that under act xxiii of 1871 such grants are not exempt from attachment.2. this appeal is dismissed with 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 or grants of money of land-revenue is significant and shows clearly that under Act XXIII of 1871 such grants are not exempt from attachment.

2. This appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //