High CourtsDivision Bench(1940) 08 MAD CK 0057

Tumuluru Sitaramayya vs Tumuluru Sreeramaiya and Another

Madras High Court · Decided on 1 August 1940 · Citation: (1940) 52 LW 479 : (1940) 2 MLJ 1064

HON’BLE JUDGES
Wadsworth, J

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Judgment

7 paragraphs · 161 words

Wadsworth, J.—It seems that the trial Court''s order is clearly wrong in-so far as it directs the petitioner - the agriculturist defendant - to pay

the full amount of the decree as scaled down u/s 14(b) of Madras Act IV of 1938 his liability extends only to his proportionate share in the decree

which must be scaled down in his favour. So the decree against him has to be reduced from Rs. 585 to Rs. 292-8-0, with interest thereon from

1st; October, 1937, at 6 1/4 per cent. Petitioner also contends that the lower Court is wrong in making the non-agriculturist defendant liable for the

full amount of the decree as passed and that this order offends against Section 14 (a) of the Act. This is a contention which cannot be raised, by

the petitioner who is not concerned in that portion of the order. The petition if allowed to the extent indicated and the decree-holder respondent

will pay petitioner''s cost''s.