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Tumuluru Sitaramayya Vs. Tumuluru Sreeramaiya and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1940)2MLJ1064
AppellantTumuluru Sitaramayya
RespondentTumuluru Sreeramaiya and anr.
Excerpt:
- - 1. it seems that the trial court's order is clearly wrong in-so far as it directs the petitioner -the agriculturist defendant -to pay the full amount of the decree as scaled down under section 14(b) of madras act iv of 1938 his liability extends only to his proportionate share in the decree which must be scaled down in his favour......under section 14(b) of madras act iv of 1938 his liability extends only to his proportionate share in the decree which must be scaled down in his favour. so the decree against him has to be reduced from rs. 585 to rs. 292-8-0, with interest thereon from 1st; october, 1937, at 6 1/4 per cent. petitioner also contends that the lower court is wrong in making the non-agriculturist defendant liable for the full amount of the decree as passed and that this order offends against section 14 (a) of the act. this is a contention which cannot be raised, by the petitioner who is not concerned in that portion of the order. the petition if allowed to the extent indicated and the decree-holder respondent will pay petitioner's cost's.
Judgment:

Wadsworth, J.

1. It seems that the trial Court's order is clearly wrong in-so far as it directs the petitioner - the agriculturist defendant - to pay the full amount of the decree as scaled down Under Section 14(b) of Madras Act IV of 1938 his liability extends only to his proportionate share in the decree which must be scaled down in his favour. So the decree against him has to be reduced from Rs. 585 to Rs. 292-8-0, with interest thereon from 1st; October, 1937, at 6 1/4 per cent. Petitioner also contends that the lower Court is wrong in making the non-agriculturist defendant liable for the full amount of the decree as passed and that this order offends against Section 14 (a) of the Act. This is a contention which cannot be raised, by the petitioner who is not concerned in that portion of the order. The petition if allowed to the extent indicated and the decree-holder respondent will pay petitioner's cost's.


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