Dasaradhiravulo and anr. Vs. Joddumoni Ravulo and ors.

Dasaradhiravulo and anr. vs Joddumoni Ravulo and ors.

Type Court Judgment Court Chennai Decided Mar 13, 1882

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Citation: sooperkanoon.com/778365
Court: Chennai
Judge: Charles A. Turner, Kt., C.J. and ;Innes, J.
Decided On: Mar 13, 1882
Subject: Property;Family

Case Summary

AI-generated summary - not the official court judgment text.

Hindu Law - Attachment and sale of land in execution of decree on mortgage made by managing brother--Rights of purchaser at Court's sale. -

Key legal issue: Property;Family

Parties & Advocates

Appellant / Petitioner

Dasaradhiravulo and anr.

Respondent

Joddumoni Ravulo and ors.

Legal References

Reported In: (1882)ILR5Mad193

Excerpt

hindu law - attachment and sale of land in execution of decree on mortgage made by managing brother--rights of purchaser at court's sale. - charles a. turner, kt., c.j. and innes, j.1. the appellants cannot be bound by a sale made in virtue of a decree on a mortgage passed in a suit to which they were not parties. they cannot be foreclosed of their right to redeem, assuming they were liable for the mortgage debt. the decrees of the lower appellate court and of the court of first instance on remand must be reversed and the original decree of the munsif affirmed with costs in all courts.

Full Judgment

Charles A. Turner, Kt., C.J. and Innes, J.

1. The appellants cannot be bound by a sale made in virtue of a decree on a mortgage passed in a suit to which they were not parties. They cannot be foreclosed of their right to redeem, assuming they were liable for the mortgage debt. The decrees of the Lower Appellate Court and of the Court of First Instance on remand must be reversed and the original decree of the Munsif affirmed with costs in all Courts.

Same Parties Dasaradhiravulo and anr. vs Joddumoni Ravulo and ors. Same Subject Property;Family Same Judge Charles A. Turner, Kt., C.J. and ;Innes, J.

Property;Family