Chennai Court October 1933 Judgments

Venkatarama Sastrigal (Deceased) and ors. Vs. Sabapathi thevar

Court: Chennai

Reported in: AIR1934Mad230; (1934)66MLJ348

1. The matter of Court-fees payable on this appeal has been argued before us and we have had the assistance of the learned Government Pleader. The question is what is the value of the subject-matter in appeal by a defendant from a preliminary mortgage decree ordering the sale of the mortgaged property and enabling the plaintiff to apply for a personal decree for any balance left after the sale, when the appellant does not dispute the liability of the property but disputes only his personal liability. The appellant in this case though himself not a mortgagor but a purchaser from the mortgagors has been by the decree put on the same footing of liability as the mortgagors. One possible view is that the subject-matter in appeal is the whole mortgage amount. But against that there is the obvious answer that the appellant is not disputing the liability of the ' mortgaged property for the whole debt but only his personal liability for the excess over the net sale proceeds for which alone he i...