NDLI: V. Ramaswami Ayyangar and Others Vs. T. N. V. Kailasa Thevar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	19 ss. 7 Madras Agriculturists' Relief Act (IV of 1938)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madras Agriculturists Relief Act, 1938 (4 of 1938)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Madras Agriculturists' Relief Act (IV of 1938), ss. 7, 19-Joint debtors-Application for scaling down made by some only-Decree for full amount against ex-parte defendants and for reduced amount against others-Legality and effect-Indivisibility of debt -Payment of full amount as scaled down-Whether extinguishes decree against all.Under the Madras Agriculturists' Relief Act, 1938, a mortgage decree can be scaled down in favour of some of the judgment debtors alone, while as regards the others it is kept intact .In a suit to enforce a mortgage executed by defendant No. 1 on his own behalf and on behalf of defendants Nos. 2 to 7, the defendant No. 1 remained ex parte, and the others contested the suit A decree for Rs. 1,08,098 was passed by the trial court The Madras Agriculturist' Relief Act, 1938, was passed during the pendency of an appeal and cross appeal and on the application of defendants Nos. 2 to 7 under the said Act the amount of the decree was scaled down to Rs. 49,255 so far as defendant Nos. 2 to 7 were concerned. So far as defendant No. 1 was concerned the decree for the full amount remained as it was. Defendant No, 1 thereupon applied for scaling down, but his application was rejected. Defendants Nos. 2 to 7 deposited certain amounts and got their properties released. Defendant No. 1 deposited the balance of the amount that remained due under the decree as scaled down on the application of defendants Nos. 2 to 7, and prayed that full satisfaction of the decree may be recorded. • The Subordinate Judge rejected this application but the High Court, on appeal, held that defendant No. I was entitled to the benefit of the scaling down in favour of defendants Nos. 2 to 7, as the mortgage debt was one and indivisible. On further appeal :
Judge	Honble Mr. Justice Bijan Kumar Mukherjea
Neutral Citation	1951 INSC 15
Petitioner	V. Ramaswami Ayyangar And Others
Respondent	T. N. V. Kailasa Thevar
SCR	[1951] 1 S.C.R. 292
Judgement Date	1951-03-05
Case Number	32

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