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march 1963

Supreme Court of India · 1963-03-07

LAKSHMI ACHI AND OTHERS vs T.V.V. KAILASA THEVAR AND OTHERS

Citation / case number
SC 1960/221
Court
Supreme Court of India
Petitioner
LAKSHMI ACHI AND OTHERS
Respondent
T.V.V. KAILASA THEVAR AND OTHERS

Judgment text excerpt

The Supreme Court held that under Section 19(2) of the Madras Agriculturists Relief Act, 1938, as amended by Madras Act 23 of 1948, a new right was created for judgment-debtors who are agriculturists to seek relief from decrees that have not been executed or satisfied before the commencement of the Act. The Court found that the decree passed by the trial Court was superseded by a subsequent preliminary decree from the High Court, thus allowing the respondent to apply for relief under the Act despite prior dismissals. The Court upheld the High Court's decision to grant relief to the respondent, confirming the applicability of the amended provisions to the case.

LAKSHMI ACHI AND OTHERS vs T.V.V. KAILASA THEVAR AND OTHERS · Niyam