C S MANI Vs. B CHINNASAMY NAIDU

JUDGEMENT

(1.) Appellant obtained a money decree for Rs. 4200/- against one Mokshammal on 28.2.1972. He levied execution (EP No. 466/1974) in respect of the said decree, wherein the suit property (agricultural land measuring 2 acres 22 cents) and two other properties (which are not the subject matter of present proceedings) belonging to Mokshammal were attached on 29.12.1974.

(2.) The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 (Debt Relief Act for short) enacted by the Tamil Nadu Legislature came into force with effect from 10.1.2005. Section 4 of the said Act stayed all further proceedings in applications for execution of decrees in which relief was claimed against an agriculturist until the expiry of one year from the date of commencement of the said Act. The proviso thereto enabled the court to pass such orders as it deemed necessary for custody or preservation of the property under attachment. As Mokshammal was an agriculturist as defined under the said Act, the execution proceedings in regard to the decree obtained by the appellant against her were closed, by order dated 15.2.1975. The moratorium period of one year under the Debt Relief Act was subsequently extended from time to time till 14.7.1979.

(3.) After the moratorium period ended, the appellant initiated execution proceedings afresh (EP No. 276 of 1980). As the suit property had already been attached on 29.12.1974 in the earlier execution proceedings, and that attachment continued even during the moratorium period, the appellant did not seek any fresh attachment. In the said execution proceedings the attached suit property was brought to sale. At the court auction sale held on 6.6.1984, the appellant purchased the suit property. The auction sale in favour of appellant was confirmed on 30.7.1985 and a sale certificate was issued to him. According to appellant possession of the suit property was also delivered to him through court on 10.9.1985.