K R SRINIVASA AYYAR Vs. T A RAMACHANDRA RAO
HIGH COURT OF MADRAS
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Chandra Reddi, J. -
(1.) These two Civil Miscellaneous second appeals arise out of E. P. Nos. 68 and 69 of 1948 on the file of the Court of the Sub-Collector, Kumbakonam.
(2.) The facts material for this enquiry are the following: The appellants who are the landholders sought to bring the holding of a ryot, that is the present respondent, for sale in respect of arrears of rent for faslis 1353 and 1354. For this purppse, he issued notices to the defaulter through the Collector as required by Section 112, Madras Estates Land Act. On receipt of these notices, the ryots instituted two suits, S. S. Nos. 39 of 1945 and 200 of 1946 before the Collector, contesting the right of sale, within a period fixed under Sub-section (1) of Section 112. In those suits, it was agreed between the parties, that the plaintiff should pay a sum of Rs. 750 within nine months towards S. S. No. 39 of 1945 and Rs. 1750 within one year in S. S. No. 200 of 1946. On the basis of this agreement, a decree was passed by the Revenue Divisional Officer, Kumbakonam. As the plaintiff committed default, the present execution petitions were filed for the realisation of the amounts mentioned above, by bringing to sale the ryots' holding.
(3.) Objections were raised on behalf of the ryot that the relief claimed in the execution. petitions could not be granted, as the execution petitions were barred by limitation by reason of Section 115(2), Madras Estates Land Act. This objection found favour with both the Sub-Collector and the Appellate Judge and the petition was dismissed.;
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