THE BANK OF BAPATLA LTD. Vs. MANYAM BIBI
HIGH COURT OF ANDHRA PRADESH
The Bank Of Bapatla Ltd.
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MR.K.SUBBA RAO,C.J. -
(1.) S.A. No. 1936 of 1950. - This Second Appeal arises out of O.S. No. 273- of 1948, a suit filed by the Bapatla Mutual Benefit Company, Ltd., against the defendants for recovery of a sum of Rs. 246-2-1 claimed to be due to them under a simple mortgage, dated 23rd November, 1936. The said document was executed by the 1st defendant for herself and as guardian of the 2nd defendant in favour of the plaintiff for Rs. 500.
(2.) The main defence raised in the case is that the debt is liable to be scaled down under the provisions of the Madras Agriculturists Relief Act (Act IV of 1938). The plaintiff contended that the debt is exempted from the operation of the Act both under section 4 (e) and also under section 10 (2) (iii). Both the Courts held against the contention of the plaintiff. Hence the appeal.
(3.) The two points may be considered separately. Section 4 (e) of the Act reads:-
"Nothing in this Act shall affect debts and liabilities of an agriculturist falling under the following heads :
(e) any liability in respect of any sum due to any Co-operative Society, including a Land Mortgage Bank, registered or deemed to be registered under the Madras Co-operative Societies Act, 1932, or any debt due to any Corporation formed in pursuance of an Act of Parliament of the United Kingdom or of any special Indian Law or Royal Charter or Letters Patent".;
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