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Akkayanaicker Vs. A.A.A. Kotchadainaidu and anr.

Court : Supreme Court of India

Reported in : 2004(6)ALD82(SC); 2004(6)ALT51(SC); [2005(1)JCR33(SC)]; JT2004(7)SC593; RLW2004(4)SC596; 2004(8)SCALE132; (2004)12SCC469; 2005(1)LC116(SC)

..... the legislature thereafter enacted tamil nadu indebted agriculturists (temporary relief) act, 1975 [act 10 of 1975] with the object to provide temporary relief to the indebted agriculturists to spare them from the distractions and expenditure involved in litigation launched by their creditors in order that the maximum possible advantage may result to the state in the matter of production of food crops. ..... after the expiry of one year of the act 10 of 1975, the legislature enacted the tamil nadu indebted agriculturists (temporary relief) act, 1976 [no. ..... 226 of 1973 filed by the decree-holder were closed and adjourned sine die because of the legislative intervention of tamil nadu indebted agriculturists (temporary relief) ordinance, 1975 and thereafter by the act 10 of 1975 and act no. ..... 226 of 1973 but the proceedings in the same were closed because of the legislative intervention of the tamil nadu indebted agriculturists (temporary relief) ordinance, 1975 (ordinance 1 of 1975). ..... thereafter, the legislature enacted the tamil nadu debt relief act, 1978 [act no. ..... section 4 provided for the stay of proceedings in the suits or applications of the nature mentioned in section 3 in which relief claimed was against the agriculturist, not being proceedings for the amendment of pleadings or for the addition, substitution, or the striking off of parties, but otherwise inclusive of proceedings consequent on orders or decrees made in appeals, revision petitions, or applications for review. .....

C.S.Mani (Deceasad) by Lr C.S.Dhanapalan.Vs. B.Chinnasamy Naidu (Decea ...

Court : Supreme Court of India

..... the tamil nadu indebted agriculturists (temporary relief) act, 1975 (`debt relief act' for short) enacted by the tamil nadu legislature came into ..... appellant was closed on 15.2.1975 in view of section 4 of the debt relief act staying executions against agriculturists. ..... government passed debt relief act for the relief of agriculturists and by virtue of which all further proceedings against agriculturists were either stayed ..... the high court has therefore proceeded on the basis that by order dated 15.2.1975, the executing court had closed the execution proceedings in view of the enactment of the debt relief act and continued the attachment only for six months and thereafter there was no attachment and therefore the sales by mokshammal on 17.2.1978 and 18.12.1980 were valid and the court ..... in the said suit, the respondent contended that on the enactment of the debt relief act, the execution against mokshammal was closed on 15.2.1975 and as a result the attachment dated 29.12.1974 over the suit property came to an end; and therefore when portions of suit property were sold by mokshammal to chandra and chand basha ..... (ii) whether the attachment of the suit property ceased on 15.8.1975, on the expiry of six months from the date of closure of the execution proceedings, in view of the intervention of the debt relief act and the order of closure dated 15.2.1975; and consequently the sales by mokshammal on 17.2.1978 and 18.12.1980 were valid, and the auction sale in favour of the appellant .....

P. Subramaniam Vs. M. Kandasamy

Court : Chennai

Reported in : AIR1977Mad96; (1977)1MLJ49

..... though in the pattern of agrarian legislation, the tamil nadu indebted agriculturists (temporary relief) act, 1975, also has been brought to the statute book, yet, the purpose is to provide temporary relief to the indebted agriculturists and the bar of suit and applications is with reference to a suit for recovery of a debt or as regards an application for execution of a decree for payment of money passed in a suit for the recovery of a debt or as regards a suit ..... by that time, the tamil nadu indebted agriculturists (temporary relief) act (10 of 1975) has come to the anvil ..... mad 1224, in favour of the above view though no doubt, arising under the tamil nadu indebted agriculturists (temporary relief) act (5 of 1954). ..... not a proceeding within the meaning of section 3 or section 4 of the tamil nadu act 10 of 1975. ..... that all further proceedings in suits and applications of the nature mentioned in section 3 in which relief is claimed against an agriculturist shall stand stayed until the expiry of an order, etc. ..... it cannot, therefore, be contended in the instant case that there is a suit or application which is enumerated in section 3 of the act, nor can it be successfully pleaded that a proceeding in connection with the suit or application of the nature mentioned in section 3 is that which has been initiated ..... taking advantage of the provisions of this act, the respondent filed an application under section 4(1) of the act for stay of all further proceedings so initiated by the petitioner .....

Manickam Chettiar Vs. Ramanatha Devar

Court : Chennai

Reported in : 1996(2)CTC373; (1996)IIMLJ398

..... 40 of 1979 is that the institution of a suit for recovery of debt due from an agriculturist is barred from 16th january, 1975 to 14th june, 1979 for a period of 4 years, 4 months and 27 days. ..... of the tamil nadu debt relief act 40 of 1978, the period from 15th january, 1976, till the date of the publication of act 40 of 1979 (13th june, 1979) is excluded in computing the period of limitation for filing a suit or making of an application for execution.a combined reading of ordinance i of 1975 replaced by the tamil nadu indebted agriculturists (temporary relief) act 10 of 1975, the tamil nadu indebted agriculturists (temporary relief) act 15 of 1976 as amended by the tamil nadu debt relief law (amendment) act of 1977, the tamil nadu debt relief laws (second amendment) act of 1977 and the tamil nadu debt relief laws (amendment) act of 1978 and the tamil nadu debt relief act .....

Syed Abbas Sahib Vs. Musthiri Begam

Court : Chennai

Reported in : AIR1978Mad27

..... wife who filed an execution petition to execute a money decree obtained by her against her husband in respect of the amount of mahar due to her from him was resisted on the ground that the husband was an agriculturist and the tamil nadu indebted agriculturists (temporary relief) ordinance 1975 (now tamil nadu act 10 of 1975) is a bar thereto. ..... act is mainly intended to provide temporary relief to indebted agriculturists ..... background if we examine the content of the expression mahar which is peculiar to the personal law of muslims, it will be seen that tamil nadu act 10 of 1975 would not have contemplated to include within section 2 (c) the mahar debt as well. ..... agree with the court below and hold that notwithstanding the fact that the husband is an agriculturist, the dower debt or the mahar would not come within the privileged meaning of debt in section 2 (c) of the act and that therefore the respondent is entitled to execute the decree based on such a mahar ..... therefore an enactment which is beneficial for the time being to an agriculturist who is indebted and whose indebtedness was in relation to a debt as defined in section 2 (c) of the act. ..... 1950]1scr747 , and would contend that the mahar is a debt coming within the mischief or purview of section 2 (c) of act 10 of 1975. ..... question that arose for consideration was whether mahar in its original shape or after having merged itself into a decree of court, retains the character of a debt within the meaning of section 2(c) of act 10 of 1975. .....

Balakrishna Gounder Vs. V.A. Vadivel Mudaliar and anr.

Court : Chennai

Reported in : (1980)1MLJ153

..... , in dealing with tamil nadu indebted agriculturists (temporary relief) act, 1975 (tamil nadu act x of 1975) in (saradam ammal v. s.m. ..... 1018 which related to a case under the tamil nadu indebted agriculturists (temporary relief) act (v of 1954) on a court-auction sale held on 25th january, 1954, a stranger purchased the property in auction. ..... , held that 'section 3 of the madras indebted agriculturists (temporary relief) act, 1954 (since spent out) banned the institution of suits for recovery of debts in cases where any of the debtors was an agriculturist, subject to the exceptions and period prescribed. ..... ramaswami pillai : air1957mad780 , section 3 of the madras indebted agriculturists temporary relief act, 1954, arose for interpretation. ..... on the date on which the court-sale took place the tamil nadu indebted agriculturists (temporary relief) ordinance, 1975 (ordinance no. ..... the validity of a court-auction sale held contrary to the provisions of the tamil nadu agriculturists relief act (iv of 1938) was considered by ramanujam, j. in c.m.s.a. no. ..... another application had also been filed on the ground that the sale was contrary to section 23(c) of the tamil nadu agriculturists relief act iv of 1938. ..... having come to this conclusion, the learned judge made the following observations:besides, the tamil nadu act x of 1975 is a temporary statute and it has expired by efflux of times. .....

Manimekalai Ammal and 5 Others Vs. Swamidorai Padayatchi and 4 Others

Court : Chennai

Reported in : (2001)2MLJ826

..... are presently concerned with the debt relief legislations namely ordinance 1 of 1975 replaced by the tamil nadu indebted agriculturists (temporary relief) act 10 of 1975, the tamil nadu indebted agriculturists (temporary relief) act 15 of 1976 as amended by the tamil nadu debt relief laws (amendment) act of 1977, the tamil nadu debt relief laws (second amendment) act of 1977, the tamil nadu debt relief laws (amendment) act of 1978 and the tamil nadu debt relief act 40 of 1979. ..... ammal, 1990 (2) mlj 115, a learned judge of this court has taken the view that the tamil nadu agriculturist (temporary relief) act 15 of 1976 made a distinction between stay of pending suits and bar of institution of suits for the duration; but the act nowhere expressly said that the suit should be dismissed for contravention of section 3, and any such dismissal is to misunderstand the object of the act and to misconstrue and misapply its provision. ..... the preamble to the tamil nadu indebted agriculturists (temporary relief) act 1975 (act 10 of 1975) states that whereas there has been widespread drought: and whereas the agriculturists have borrowed debts and may, if freed for a time form the pressure of creditors, be enabled to rehabilitate themselves and whereas it is in the interest of the general public that at the present time, agriculturists be soared distractions and expenditure involved in litigation launched by the creditors, in order that the maximum possible advantage may result in the state in .....

V.R. Margachari and anr. Vs. M.R. Krishnaswami Mudaliar and anr.

Court : Chennai

Reported in : (1984)2MLJ285

..... the tamil nadu indebted agriculturists (temporary relief) act, 1975 was enacted to provide temporary relief to indebted agriculturists to get freedom for a time from the pressure of creditors and to enable them to ..... be mentioned here that the ordinance 1 of 1975 had been superseded and replaced by the tamil nadu indebted agriculturists (temporary relief) act, 1975 on 3-4-1975. ..... obtained a benefit under the tamil nadu debt relief act 38 of 1972 on the ground that the first appellant was a non-agriculturist debtor, he could not now plead that he was an agriculturist within the meaning of the tamil nadu debt relief act 10 of 1975.9. mr. ..... , he had an option either to consider himself, under the tamil nadu debt relief act 38 of 1972, a non-agriculturist debtor and claim benefits conferred on a debtor under the said act or treat himself as an agriculturist within the meaning of the tamil nadu agriculturists relief act 4 of 1938 and claim benefits on that basis. ..... excludes a person from falling within the category of a debtor under certain circumstances, provided, that a person shall not be deemed to be a debtor, if he is an agriculturist as defined under the tamil nadu agriculturists relief act 4 of 1938 and entitled to the benefits of the act. ..... stand and availed the benefit on that basis, it will not be open to them now to change the position and say that the first appellant was an agriculturist entitled to the benefits of stay under section 3 of the tamil nadu agriculturists relief act. .....

V. Ponnammal Vs. K. Shanmughasundaran Represented by Power Agent Rajam ...

Court : Chennai

Reported in : (1977)2MLJ10

..... 531 of 1973 on its file on the ground that the appellant is not entitled to the benefit of the tamil nadu indebted agriculturists (temporary relief) act, 1975 hereinafter referred to as act x of 1975.2. ..... to solve any ambiguity or to fix the meaning of words which might have more than one or to keep the effect of the statute within its scope whenever the enacting part is in any of those respects open to doubt.act x of 1975 is an act to provide temporary relief to indebted agriculturists. ..... the view that in order to find out the scope of the term 'debt', regard must be had to the title and preamble of the act which are intrinsic aids in the interpretation of the statute, that as the title of the act indicates, the scope of the act is limited to agriculturists who are indebted and for affording temporary relief for a limited period, that, the term 'debt', which is defined to include rent in cash or kind which a person is liable to pay in respect ..... the question whether a liability of the vendee to pay the unpaid portion of the purchase-money in respect of a transaction of sale of immovable property will be a debt as defined in section 2(c) of; the kerala agriculturists debt relief act, 1958, the full bench held that the definition of a debt under the act was wide enough to include the liability in question, that it was not open to restrict the scope of the definition on the ground of hardship or anomaly, and that when the .....

V.K. Margachari and anr. Vs. M.R. Krishnaswami Mudaliar and anr.

Court : Chennai

Reported in : (1978)1MLJ74

..... 450 of 1975 to declare the said sale void on the ground that the said' sale was inoperative and without jurisdiction in view of section 4 of the tamil nadu indebted agriculturists (temporary relief) act (x of 1975) and (2) e.a. no. ..... of the tamil nadu act xxxviii of 1972 on the basis that they are debtors as defined in that act, they are not entitled to claim benefits of the tamil nadu act x of 1975 on the contrary basis that the first appellant is an agriculturist in view of the specific provisions contained under the proviso to the definition of a 'debtor' in act xxxviii of 1972 which says that an agriculturist as defined in the tamil nadu act iv of 1938 shall not be deemed to be a debtor, and that the appellants were not entitled to claim the benefits of section 23-c of the tamil nadu agriculturists relief act ..... (iv of 1938), as the sale had been held after 1st march, 1972, the date of publication of the tamil nadu amending act iii of 1973 .....