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.