Madras High Court
Allamsetti Venkatappadu And Ors. vs Manda Appalaswami on 30 April, 1940
Equivalent citations: (1940)2MLJ487
JUDGMENT King, J.
1. I am unable to see how Somasundaram v. Kondayya (1926) 49 M.L.J. 401 can be distinguished. It is clear that the learned Judges in that case held that the decision to confirm a sale was res judicata against a judgment-debtor who could have raised a plea, but did not, that the land was inalienable. If the decision confirming a sale constitutes the adjudication which is binding it is clearly equally binding whatever be the nature of the subsequent proceedings in which the judgment-debtor attempts to have the sale set aside. Sitting singly I am bound to follow Somasundaram v. Kondayya (1926) 49 M.L.J. 401. I must therefore allow this appeal, set aside the order of remand and dismiss respondent's application with costs throughout.
2. Leave refused.