New Delhi: In a classic example of legal delays in a country with three crore cases pending in various courts, a civil suit that was filed before the country attained Independence has finally ended with the Supreme Court ruling in favour of one of the parties.
The original suit filed by Ammasai Gounder against AT Krishnasami Mudaliar and another for recovery of amount due towards supply of jaggery in 1946 before the Sub-Court, Coimbatore, had travelled over 62 years before the Supreme Court settled the case.
The original suit was first decreed (ruled) on October 10, 1947 in favour of Gounder. Challenging the decree, Mudaliar filed an appeal in the Madras High Court the same year.
The High Court stayed the decree subject to the defendants (Mudaliar) depositing the decretal amount in the court. The High Court permitted Gounder to withdraw the said decretal amount after furnishing security to the satisfaction of the court.
One Ramaswami Gounder became the surety and gave his agricultural lands as security for the amount permitted to be withdrawn by Ammasai.
However, on an appeal from Mudaliar, the Madras High Court set aside the decree, but by that time Ammasai Gounder is said to have absconded with the decretal amount.
Consequently, Mudaliar filed a suit for recovery of the amount by sale of the lands offered as security by Ramaswami Gounder. The lands offered as security were sold by auction on November 16, 1960 and September 6,1991.
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