Chennai Court February 1911 Judgments

Balasubramanian and ors. Vs. Ramasawmy Chettiar and ors.

Court: Chennai

Reported in: 9Ind.Cas.789

1. In this case the defendant purchased the plaint property under Exhibit II by which it was agreed he should discharge a mortgage on the property in favour of one N.S. Saminathan Exhibit I and it was recited by the mortgagor that the property was not subject to any further encumbrances. It subsequently turned out that the purchase was invalid as made pendente We, against the plaintiff, a prior encumbrancer who had sued on his mortgage and has since brought the property to sale and become the purchaser. He now sues to recover the property from the defendant, who is in possession under his purchase. The lower Appellate Court gave the plaintiff a decree for possession. It is now contended before us that the decree should have been made subject to the plaintiff's redeeming the mortgage paid off by the defendant or allowing himself to be redeemed by the defendant. We think the contention is well-founded and that the case is covered by the decisions in Syamalarayadu v. Subbarayada 21 MP. 14...