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Chennai Court February 1927 Judgments

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Feb 01 1927

T.R. Kaliaperumal Naicker and ors. Vs. O.S. Ramachandra Aiyar, Officia ...

Court: Chennai

Decided on: Feb-01-1927

Reported in: (1927)53MLJ142

Ramesam, J.1. The facts of this second appeal may be stated as follows :--The first defendant Somu Asari executed a deed of mortgage, Ex. A, on 27th October, 1907 in favour of one Govinda Asari for Rs. 100 payable in two years with interest at 12 per cent. per annum and a higher interest in default. Govinda Asari, the mortgagee, died on 19th August, 1914, leaving two sons, Amirthalinga Asari and Chinnasami Asari. In a partition between the sons the suit debt fell to the share of Amirthalinga Asari. He was declared an insolvent and his properties vested in the Official Receiver of Tanjore who files this suit for recovery of money due on the mortgage deed. The suit was filed on 26th October 1921. The suit was originally filed against four defendants and we may ignore the fourth defendant for the present. The second defendant purchased the property from the 1st defendant. The 3rd defendant again purchased the property in execution of a decree against the 2nd defendant. The 3rd defendant f...


Feb 01 1927

T. K. Kaliaperumal Naicker and ors. Vs. O. S. Ramchandra Ayyar and ors ...

Court: Chennai

Decided on: Feb-01-1927

Reported in: AIR1927Mad693

Ramesam, J.1. The facts of this Second Appeal may be stated as follows: The 1st defendant, Somu Asari, executed a deed of mortgage, Ex. A, on 27th October 1907, in favour of one Govinda Asari, for Rs. 100, payable in two years with interest at 12 per cent per annum and a higher interest in default. Govinda Asari, the mortgagee, died on 19th August 1914 leaving two sons, Amirthalinga Asari and Chinnasami Asari. In a partition between the sons the suit debt fell to the share of Amirthalinga Asari. He was declared an insolvent and his property vested in the Official Receiver of Tanjore who files this suit for recovery of money due on the mortgage deed. The suit was filed on 26th October 1921. The suit was originally filed against four defendants, and we may ignore the fourth defendant for the present. The second defendant purchased the property from 1st defendant. The 3rd defendant again parchased the property in execution of a decree against the 2nd defendant. The 3rd defendant filed an ...


Feb 01 1927

T.R. Kaliaperumal Naicker and ors. Vs. O.S. Ramachandra Iyer and ors.

Court: Chennai

Decided on: Feb-01-1927

Reported in: 102Ind.Cas.444

Ramesam, J.1. The facts of this second appeal may be stated as follower--The 1st defendant Somu Asari executed a deed of mortgage, Ex. A, on 27th October, 19, 07, in favour of one Govinda Asari for Rs. 100 payable in two years with interest at 12 per cent. per annum and a higher interest in default. Govinda Asari, the mortgagee, died on 19th August, 1914, leaving two sons, Amirthalinga Asari and Chinnasami Asari. In a partition between the sons the suit debt fell to the share of Amirthalinga Asari. He was declared an insolvent and his properties vested in the Official Receiver of Tanjore who files this suit for recovery of money due on the mortgage deed. The suit was filed on 26th October, 1921. The suit was originally filed against four defendants and we may ignore the 4th defendant for the present. The 2nd defendant purchased the property from the 1st defendant. The 3rd defendant again purchased the property in execution of a decree against the 2nd defendant. The 3rd defendant filed ...


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