KANDUKURI SATYANARAYANA Vs. SANAM RAMAMURTHI

JUDGEMENT

(1.) These two appeals arc connected and the parties are the same. They arise out of two petitions filed by the judgment-debtors under sections 23-A and 24-A of the Madras Agriculturists Relief Act (hereinafter referred to as the Act), E.A. No. 183 of 1953 and E.A. No. 700 of 1953.

(2.) A suit O.S. No. 8 of 1937 was brought on the file of the Subordinate Judge's Court, Eluru, on a mortgage bond for Rs. 7,200. The suit was decreed on 23rd January, 1937 and final decree therein was made on 18th August, 1938. Against the preliminary decree, an appeal was taken to the High Court in A.S. No. 316 of 1937, which was dismissed on gth April, 1940. Subsequently, 6 acres 81 cents of the mortgage security were brought to sale and sold for Rs. 7,200 on 8th December, 1947. Within the prescribed time, the judgment-debtors filed an application to set aside the sale under Order 21, rule 90, Civil Procedure Code. The Subordinate Judge required the judgment-debtors to deposit into Court the amount realised by the sale. Since they failed to comply with the direction, the unregistered petition was dismissed on 16th February, 1948 and the sale was confirmed two days thereafter.

(3.) The judgment-debtors preferred C.M.A. No. 126 of 1948 in the High Court of Madras against this order. The order confirming the sale was not appealed against. During the pendency of the Civil Miscellaneous Appeal, the Madras Agriculturists Relief (Amendment) Act (XXIII of 1948), which inter alia introduced sections 23-A and 24-A came into operation on 25th Janury, 1949. Taking advantage of this, the judgment-debtors filed two applications on 4th April, 1949, in the High Court to set aside the sale and to scale down the decree debt under section 19 (2) of the Act, the two applications being C.M.Ps. No. 5528 and 5529 of 1949. Four years thereafter, the High Court allowed the C.M.A. and remanded the application filed under Order 21, rule 90. Along with this application, the two C.M.Ps. Nos. 5528 and 5529 of 1949 were sent down to the trial Court for disposal on merits. Accordingly, the two C.M.Ps. were taken on file and re-numbered as E.A. No. 183 of 1953 and E.A. No. 700 of 1953. E.A. No. 183 of 1953 was allowed and the sale set aside under section 23-A of the Act on 16th December, 1955. Since this relef was obtained, the counsel for the judgment-debtors endorsed that he was not pressing the application with the result that it was dismissed. The Subordinate Judge also scaled down the decree in accordance with the provisions of sections 19 and 24-A of the Act.