SULOCHANA AMMAL Vs. BABY AMMAL

JUDGEMENT

(1.) " This reference made by Swamikkannu, J. involves the interpretation of. the provisions contained in Sec.6 of the Tamil Nadu Debt Relief Act 31 of 1976, which is as follows:

(2.) IN so far as the right of the appellant to move the civil Court for the reliefs contained in the Act '31' of 1976 is concerned there are no reported decisions of this Court. But there are decisions which have been rendered on analogous provisions contained in Act 13 of 1980. It is not disputed that both the Acts 13 of 1980 and 31 of 1976 contain similar provisions. The earlier decision is that of Ratnam, J., reported in Perumal v. Chinna Kuppanna Gounder, (1981)2 M.L.J. 1: 94 L.W. 317: A.I.R. 1981 Mad. 271, where it has been held as follows: "

(3.) THE question that arises in this second appeal is whether subsequent to the coming into force of Act 31 of 1976 one can file a suit for an injunction restraining the creditor from bringing the mortgaged properties of the debtor to sale. THE debtor is defined in Sec.3(f) of Act 31 of 1976 and is as follows: