High CourtsDivision Bench

Bhimaraja Varadayya vs Manchu Konda Nammalwaru and Others

Madras High Court · Decided on 20 August 1909 · Citation: 4 Ind. Cas. 1057

HON’BLE JUDGES
Munro, J · Abdur Rahim, J
ACTS & SECTIONS REFERRED
Pensions Act, 1871 — Section 11, 4
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Judgment

6 paragraphs · 134 words
1.

The question is whether an unenfranchised inam can be attached and sold in execution of a decree of a Civil Court. We think it can. The

question must be settled by reference to Act XXIII of 1871 which consolidates the law relating to Pensions and Grants by Government of money

or land-revenue. Now while Section 4 of the Act prevents a Civil Court from entertaining a suit relating to a pension or grant of money or land-

revenue it has been thought necessary in Section 11 to state that certain pensions are not liable to attachment by the Civil Courts. The omission or

grants of money of land-revenue is significant and shows clearly that under Act XXIII of 1871 such grants are not exempt from attachment.

2.

This appeal is dismissed with costs.