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PETITIONER: S. PL. NARAYANAN CHETTIAR
Vs.
RESPONDENT: M. AR. ANNAMALAI CHETTIAR
DATE OF JUDGMENT: 31/10/1958
BENCH: DAS, S.K. BENCH: DAS, S.K. IMAM, SYED JAFFER KAPUR, J.L.
CITATION: 1959 AIR 275 1959 SCR Supl. (1) 237
ACT: Debt Relief-Agriculturist-Scaling down of decree debt-Enabl- ing statute coming into force Pending appeal-Application made after appellate decyee-Whether barred, by res judicature-Madyas Agriculturists Relief Act, 1938 (IV of 1938), as amended, S. 1g(2) Madras Agriculturists Relief (Amendment) Act (XXIII Of 1948), S. 16, CIS. (ii), (iii).
HEADNOTE: In 1944 the respondent instituted a suit for the recovery of money due under an award dated July 31, 1935, whereby the appellant and his brother were directed to pay a certain amount to the respondent. The suit was dismissed by the trial Court 238 but on appeal the High Court passed a decree on March 9, 1951. During the pendency of the appeal in the High Court the Madras Agriculturists Relief Act, 1938, was amended by Act XXIII of 1948, which inter alia by adding sub-section (2) to S. 19 of the main Act enabled decrees passed after the commencement of the Act to be scaled down under the provisions of the Act. By cl. (ii) to s. 16 of the amending Act, which came into force on January 25, 1949, it was provided that " that ...