Samudrala Srinivasacharyulu vs Marripati Hanumantha Rao And Ors. on 21 September, 1954
From the aforesaid passage, it is manifest that from 1870 the Courts have taken the view that the operation of S. 66, C. P. C., and its corresponding section in the earlier Code should be confined only to sales in execution of decrees of Civil Courts. This question was against considered by Venkatarmana Rao J. in -- 'Muthukumaru Maniakarar v. Pethia Kaniakarar', AIR 1942 Mad 154 (I). there a sale was held in execution of a decree for arrears of rent by the Revenue Court under the provisions of the Madras Estate Land Act. The question for decision in that case was whether the plaintiffs were precluded by S. 66 from paying for a declaration that the said sale was benami. The learned Judge, after considering the relevant provisions of the Civil Procedure Code and the case on the subject, posed the question for decision as follows: