TATHA RAMABHADHRA SOMAYAJULU Vs. KORADA APPALASWAMY

JUDGEMENT

(1.) These three Civil Revision Petitions raise a question of interpretation of Sections 9-A and 19-A of the Madras Agriculturists Relief Act, IV of 1938, (hereinafter referred to as "Act"). In view of the conflicting decisions, our learned brother Sharfuddin Ahmad, J., directed their being posted before a Bench.

(2.) C.R.P. No. 221 of 1953 is a revision against the order in O.P. No. 17 of 1957, while C.R.P. No. 222 of 1958 is against the order in O.P. No. 52 of 1956, on the file of the District Munsifs Court, Parvathipuram.

(3.) O.P. No. 17/57 was a petition filed under Sections 9-A and 19-A of the Act, alleging that the Petitioners, mother and brother, and the adoptive father of the 2nd petitioner executed a usufructuary mortgage-deed dated 23-8-1905 for Rs. 1,700.00 in favour of the father of the 1st Respondent, father of the 2nd respondent, and father of respondents 3 to 5, father of respondents 6 to 9, and the husband of the 10th respondent. As more than thirty years elapsed since the date of the mortgage, the petitioners, alleging to be agriculturists, claimed the benefit of scaling down as per Section 9-A of the Act, and prayed for a declaration that the mortgage debt was discharged. The respondents remained ex parte.