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Kota Ramayya and ors. Vs. Tummalapalli Peda Kotayya and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1941)2MLJ557
AppellantKota Ramayya and ors.
RespondentTummalapalli Peda Kotayya and anr.
Excerpt:
- wadsworth, j.1. it seems to me clear that in section 23 of madras act iv of 1938 the words 'property, in which an agriculturist had an interest has been sold' must refer to the state of affairs at the time of the sale and cannot cover a case in which the agriculturist had parted with his interest in the property sold long before the sale. admittedly the property sold in the present case belonged solely to the non-agriculturist defendants. section 23 has therefore no application. the petitions are dismissed with costs in civil revision petition no. 1039 of 1939.
Judgment:

Wadsworth, J.

1. It seems to me clear that in Section 23 of Madras Act IV of 1938 the words 'property, in which an agriculturist had an interest has been sold' must refer to the state of affairs at the time of the sale and cannot cover a case in which the agriculturist had parted with his interest in the property sold long before the sale. Admittedly the property sold in the present case belonged solely to the non-agriculturist defendants. Section 23 has therefore no application. The petitions are dismissed with costs in Civil Revision Petition No. 1039 of 1939.


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