THIRAVIA NADAR Vs. PAULRAJ CHELLIAH NADAR

JUDGEMENT

(1.) The petitioner having deposited under Order 21, Rule 89 of the Code of Civil Procedure the amount necessary to have the sale set aside and this amount having been withdrawn by the decree-holder in full satisfaction, there no longer remains a debt to found an application under Madras Act IV of 1938 or a decree to scale down. No refund of amounts paid can be ordered except under provisions of Secs.22 to 25, which have no application when there is no subsisting sale to set aside. And the fact that the deposit under Order 21, Rule 89 of the Code of Civil Procedure was made on the day when the Act came into force has no bearing, when once it is conceded that the application under the Act was made long after the decree had been satisfied.

(2.) The petition is dismissed.

(3.) There will be no costs.