Chennai Court May 1883 Judgments

Jamuna Bhai Ammal and anr. Vs. Sriman Sadagopa, Sri Sadagopa, Edintara ...

Court: Chennai

Reported in: (1883)ILR7Mad56

Innes, J.1. Mr. Ramachandra Rau Saheb has pointed out that the second defendant not having been a party to the equity suit, and his interest in the property having been mortgaged by him in 1865 to the first defendant, who finally, in execution of the decree in Suit No. 30 of 1871 against this second defendant and others, purchased the interest of second defendant in the property in Court sale, the interest of the second defendant passed to the first defendant, and that first defendant, therefore, represents him in the suit in appeal and second appeal, and that we are mistaken, therefore, in saying that we had no concern with any right he might have had to have the judgment of the District Munsif modified. He contends that we ought to have allowed first defendant's claim to one-fourth of the property representing the interest of second defendant and only dismissed the appeal as to three-fourths. Mr. Ramachandra Rau Saheb also informs us that the Advocate-General has no objection to this...