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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
SC 2002/8278
Court
Supreme Court of India
Petitioner
C.S. MANI(DEAD) BY LR.
Respondent
B. CHINNASAMY NAIDU(DEAD)THROUGH LRS.
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,H.L. GOKHALE, , ,

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, resulting in the closure of execution against Mokshammal on 15.2.1975. The Court ruled that the attachment of the property continued during the moratorium period, and the subsequent auction sale to the appellant was valid. The Court affirmed that the respondent's claim of ownership based on sales made after the closure of execution proceedings was untenable, thus upholding the appellant's title to the property.

C.S. MANI(DEAD) BY LR. vs B. CHINNASAMY NAIDU(DEAD)THROUGH LRS. · Niyam