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1 - 10 of 21 (0.29 seconds)Section 23C in Tamil Nadu Agriculturists Relief Act, 1938 [Entire Act]
Section 19 in Tamil Nadu Agriculturists Relief Act, 1938 [Entire Act]
Section 23 in Tamil Nadu Agriculturists Relief Act, 1938 [Entire Act]
Turlapati Seshayya vs Bollapalli Venkataramayya on 2 May, 1941
In this context the legislative history has also to "be taken note of. While interpreting Section 23 a Bench of this Court held in Seshayya v. Venkataramayya (1941) 2 M.L.J. 309 : 54 L.W. 228 : A.I.R. 1942 Mad. 278, that it will apply only to sales held before the commencement of the Act. The Legislature appears to have accepted the decision as a correct interpretation of that provision and brought in Section 23-A by Madras Act XXIII of 1948; Section 23-B by Madras Act XXIV of 1950 and Section 23-C by Madras Act VIII of 1973, for setting aside the sales that had taken place after 30th September, 1947, 25th April, 1950 and 24th January, 1973 respectively with a view to enable the agriculturist-debtors to have the benefit of the corresponding amending Acts. The introduction of Sections 23-A, 23-B and 23-C by the various amending Acts would be quite unnecessary if Section 23 can be made applicable to all sales after the commencement of the principal Act. The fact that on each occasions when a benefit is conferred on an agriculturist under a statute a new provision for setting aside a sale is made shows that earlier provisions for setting aside sales are intended to have a limited application. The intention of the Legislature in enacting Sections 23-A, 23-B and 23-C appears to be to enable the judgment-debtors to set aside sales held hurriedly-just before the introduction of each of the amending Acts conferring certain benefits on the agriculturist-debtors. If the provisions in Sections 23, 23-A and 23-B are construed as applicable to all sales held after the commencement of the relevant Acts, then there is no necessity for a separate provision like Section 23-C. Having regard to all these circumstances, we hold that Section 23-C cannot be invoked in respect of sales that had taken place after the publication of Act VIII of 1973.