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PETITIONER: SRI RANGA NILAYAM RAMA KRISHNA RAO
Vs.
RESPONDENT: KANDOKORI CHELLAYAMMA alias MANGAMMA AND ANOTHER
DATE OF JUDGMENT: 17/10/1950
BENCH: FAZAL ALI, SAIYID BENCH: FAZAL ALI, SAIYID MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA
CITATION: 1953 AIR 425 1950 SCR 806 CITATOR INFO : R 1989 SC2113 (7)
ACT: Madras Agriculturists’ Relief Act (IV of 1938), ss. 3 (D), 8, 10, 19--Sale of estate in execution of decree--Whether owner ceases to be "Agriculturist" pending application to set aside sale-Applications to set aside sale and for relief under Act’Maintainability-Order confirming sale and granting relief--Legality--C.P.C. (1908), O.XXI, r. 90--Execution sale--Appeal against order refusing to set aside sale--When sale becomes absolute and title passes- Receiver--Appointment of receiver, effect of.
HEADNOTE: In execution of a decree obtained on a mortgage a vil- lage owned by the mortgagor which was included in the mort- gage was sold by the court on the 6th July 1935 and it was purhased by the mortgagee. An application by the mortgagor under 0 .XXI,.r. 90, C.P.C., for setting aside the sale for irregulrities was dismissed, the sale was confirmed and full satisifiction of the decree was recorded, on the 6th March 1943. A few days afterwards the mortgagor and his adopted son made an application under s. 19 of the Madras Agricul...