Dasaradhiravulo and anr. Vs. Joddumoni Ravulo and ors. - Court Judgment

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sooperkanoon.com/778365

Subject	Property;Family
Court	Chennai
Decided On	Mar-13-1882
Judge	Charles A. Turner, Kt., C.J. and ;Innes, J.
Reported in	(1882)ILR5Mad193
Appellant	Dasaradhiravulo and anr.
Respondent	Joddumoni Ravulo and ors.

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.

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.