Q. What are the equivalent citations for Muthu Kumaraswami Rowthan Minda Nayanar vs Kuppusawmi Aiyangar ?

The equivalence citation are(1910) ILR 33 MAD 74 ; 3 IND. CAS. 82 ; LQ/MadHC/1909/71 ;

Muthu Kumaraswami Rowthan Minda Nayanar Vs. Kuppusawmi Aiyangar On 10 March, 1909

Q: Q. What was the bench assigned for the case Muthu Kumaraswami Rowthan Minda Nayanar vs Kuppusawmi Aiyangar?

HONBLE MR. JUSTICE ARNOLD WHITE , HONBLE MR. JUSTICE ABDUR RAHIM

Open iDraf

Muthu Kumaraswami Rowthan Minda Nayanar v. Kuppusawmi Aiyangar

Muthu Kumaraswami Rowthan Minda Nayanar
v.
Kuppusawmi Aiyangar

(High Court Of Judicature At Madras)

No. | 10-03-1909

[1] It is admitted that when the sale took place the order for stay made by this Court had not been communicated to the Subordinate Court.

[2] We think the order only became effective "when communicated to the Subordinate Court. On this question we prefer to follow the judgment of the Calcutta High Court in Bessesswari Chowdhurani v. Harro Sundar Mozumdar 1 C.W.N. 226 rather than in the later judgment in Hukam Chand Boid v. Kamala-nand Singh 33 C. 927 : 3 C.L.J. 67.

[3] There is authority for the proposition that a sale in violation of an order for stay is an irregularity (wee Freeman on Execution, Articles 32,33), though we are not prepared to say that the view of the Subordinate Judge, that the sale was an irregularity, was wrong. We prefer to rest our judgment on the ground stated.

[4] The appeal is dismissed with costs (one set).