O.R.M. OM. AM. CHIDAMBARAM CHETTIAR BY HIS AUTHORISED AGENT S. NARASIMHA IYENGAR Vs. S. VENKATESA IYENGAR (SINCE ADJUDGED INSOLVENT) AND ORS.

JUDGEMENT

(1.) THE point that arises in this appeal for consideration is a very narrow one and is with, regard to the proper construction of Section 42 of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 read in the light of the general scheme of the enactment.

(2.) THE appeal is against the order of the Abolition Tribunal, Madurai in O. P. No. 1 of 1950. The appellant was the petitioner in this original petition and he laid a claim as a secured creditor of a co -sharer the principal land -holder. The Tribunal negatived this and held that he was not a secured creditor, but that he was bound to share the compensation amount rateably along with the other unsecured creditors of this particular co -sharer.

(3.) THE reasoning on the basis of which the Tribunal has negatived the appellant's claim to rank as a secured creditor may shortly be set out thus : -Under Section 3 (b) and (c) an estate which is notified becomes vested in Government and the rights of the landholder and any other persons claiming under him do as against the Government cease and terminate on tire notified date. The proviso to Section 41(1) and Section 59 also contain indications that the enactment draws a line at the date of the notification and fixes this as the point with reference to which the rights which are the subject -matter of enquiry and adjudication under Sections 42 to 46 should be determined. In our judgment the construction of the provisions adopted by the Tribunal is correct.