BIRAPALLI SREEKANTA VENKATA KRISHNA REDDI GARU Vs. DANDU VENKATARAJU AND ORS.
HIGH COURT OF MADRAS
Birapalli Sreekanta Venkata Krishna Reddi Garu
Dandu Venkataraju And Ors.
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Subba Rao, J. -
(1.) THE only question in this second appeal is whether the sale held in execution of a rent decree without issuing notice to the purchaser of the holding is valid.
(2.) THE facts are simple and may be briefly stated. One Chintalapati Bapiraju had occupancy rights in the plaint schedule items. The defendant, Zamindar of Nandigudem, is the land -holder. As Bapiraju was in arrears of rent, the defendant filed S. S. No. 422 of 1940 on the file of the Deputy Collector, Kovvur and obtained a decree. On 18 -8 -1942, he filed E. P. No. 175 of 1942 for executing the decree. On 25 -12 -1942, purporting to be under the terms of an agreement dated 25 -12 -1939, the sons of Bapiraju sold the holding to the plaintiffs under Ex. P -1. Subsequent to the purchase, in execution of a rent decree & without giving any notice to the purchasers the holding was sold on 21 -10 -1943 & purchased by the Zamindar. The plaintiffs, i.e., the vendees under Ex P -l filed O. S. No. 78 of 1945 on the file of the District Munsif Court, Kovvur for a declaration that the said court sale was not binding on them inasmuch as they were not impleaded in the execution application and no notice of the sale was served on them. Both the courts held that the sale was void and gave a decree as prayed for. Learned counsel for the 'appellant raised before me the following two points : (1) that the land -holder is not bound to give notice or to implead the plaintiffs as their purchase was not recognised by the land -holder under the provisions of the Madras Estates Land Act and (2) though the execution of the decree after the purchaser was recognised by the land -holder was bad, there was no duty cast on the landholder to implead the purchaser as the sale was subsequent to the filing of the execution application. The first point turns upon the provisions of Section 145(2) of the Madras Estates Land Act which is as follows :
Where a holding or any portion thereof is transferred by the act of a ryot, the landholder on receiving notice thereof in writing from the transferor and the transferee shall recognise the transfer.
In this case, the evidence accepted by the court below establishes that a notice in writing signed by the transferor and the transferee was received by the land -holder. P. W. 1 speaks to that fact and his evidence has been accepted. There are no permissible grounds for taking a different view of the evidence adduced in the case. I therefore hold that the provisions of Section 145(2) have been strictly complied with and therefore the land -holder is bound to recognise the transfer.
(3.) I am also not satisfied that there are merits in the second point either. Section 147, the governing section says : "(1) All acts and proceedings commenced or had under this Act against the transferor or the co -sharers prior to
(a) the giving of the notice under Sub -section (2) of Section 145 in so far as such acts and proceedings affect or purport to affect the land on which the arrear is due the crops growing thereon and the products gathered therefrom, shall as against the transferee or co -sharer be as valid & effectual as if such acts & proceedings had been commenced or had against the transferee or co -sharer himself, and he had been the defaulter.
Under this Section all acts and proceedings against the original pattadar prior to the requisite notice will be binding on the purchaser. It is argued that as a corollary to this section, the sale subsequent to the initiation of the proceedings will be binding on him and it is not necessary to implead him as a party even though he has complied with the provisions of Section 145(2) . The section speaks of "all acts and proceedings". Though the execution application was filed prior to the sale, it cannot be said that the act of sale took place or proceedings in respect of that sale were initiated prior to the issue of the aforesaid notice. In - - Veeramma v. Ramanna',, I.L.R. (1946) Mad 846 Leach C.J. and Lakshmana Rao J. had occasion to resolve the conflict between two judgments of Single Judges one that of Venkataramana Rao J. and the other of Wadsworth J. The learned Judges agreed with the view expressed by Venkataramana Rao J. in preference to that of Wadsworth J.;
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