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august 2010

Supreme Court of India · 2010-08-31

C.S. Mani(Dead) By Lr vs B. Chinnasamy Naidu(Dead)Through Lrs

Citation / case number
AIR 2010 SUPREME COURT 3600
Court
Supreme Court of India
Petitioner
C.S. Mani(Dead) By Lr
Respondent
B. Chinnasamy Naidu(Dead)Through Lrs
Author
R.V.Raveendran
Bench
H L Gokhale, R V Raveendran

Judgment text excerpt

The Supreme Court held that the Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975, specifically Section 4, stayed execution proceedings against agriculturists, which included the appellant's execution against Mokshammal. The Court ruled that the attachment of the suit property was rendered ineffective after the execution proceedings were closed on 15.2.1975 due to the Debt Relief Act, thus allowing Mokshammal to sell portions of the property. Consequently, the appellant's auction sale of the property in 1984 was invalid as the property was not subject to attachment at the time of sale, leading to the dismissal of the appellant's claim.

C.S. Mani(Dead) By Lr vs B. Chinnasamy Naidu(Dead)Through Lrs · Niyam