AIR 1949 MADRAS 874

Madras High Court

Hon'ble Judge(s): Rajagopalan , J

(A) Madras Agriculturists Relief Act (4 of 1938) , S.19— Application under - Dates with reference to which applicant must have agriculturist character - Applicant not having saleable interest in property on date of application - Application cannot be entertained. In an application to scale down debts under the Madras Agriculturists' Relief Act, 1938, the applicant must be an agriculturist with reference to three dates, namely: 1st October 1937, the date on which the proposal of affording relief to agriculturists was made known, 22nd March 1938, the date of commencement of the Act and the date of application. Where an application to scale down debts was made on 29th May 1944 by a person who held a usufructuary mortgage dated 26th August 1931 in his favour but which was admittedly discharged by full payment on 15th December 1943, it was held that the application could not be entertained as the applicant had no saleable interest in usufructuary mortgage on the data of application. It was not enough If he held such character with reference to other two dates :(Para 4 5) (B) Civil P.C. (5 of 1908) , S.35, O.41 R.23— Second appeal — Costs — Point allowed to be raised in second appeal — Case remanded — Point not raised till that stage owing to appellant's fault — Appel....