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Lingam Krishna Bhupati Devu Guru Vs. Sri Mirza Sri Pusapati Vijayarama Gajapatiraj Maharaja of Vizianagram - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR447
AppellantLingam Krishna Bhupati Devu Guru
RespondentSri Mirza Sri Pusapati Vijayarama Gajapatiraj Maharaja of Vizianagram
DispositionAppeal dismissed
Excerpt:
.....remains unpaid by the due date. his highness (the mortgagee) shall take possession of the mortgaged properties immediately thereafter and enjoy the said properties as under s usufructuary mortgage.';confirming the decree of the high court, that the morgagee retained the position of a simple mortgagee and as the mortgagor had not fulfilled his obligations, the decree for sale of the mortgaged property was a matter of course and perfectly right. - - 1. it seems to their lordships that this case is perfectly clear and the judgment appealed from perfectly right.macnaghten, j.1. it seems to their lordships that this case is perfectly clear and the judgment appealed from perfectly right. 2. the mortgagee advanced a large sum of money on terms very favourable to the mortgagor. at the same time he retained the position of a simple mortgagee. that is so expressed in the deed itself. the mortgagor has not fulfilled the obligations he undertook. after prolonged forbearance and fifteen years after the mortgage was made, the mortgagee, whose interest is greatly in arrear, comes forward and says: 'i am a simple mortgagee,' and he asks the court to enforce his rights. the decree was a matter of course. 3. their lordships will therefore humbly advise his majesty to dismiss the appeal and the appellant must pay the costs.
Judgment:

Macnaghten, J.

1. It seems to their Lordships that this case is perfectly clear and the judgment appealed from perfectly right.

2. The mortgagee advanced a large sum of money on terms very favourable to the mortgagor. At the same time he retained the position of a simple mortgagee. That is so expressed in the deed itself. The mortgagor has not fulfilled the obligations he undertook. After prolonged forbearance and fifteen years after the mortgage was made, the mortgagee, whose interest is greatly in arrear, comes forward and says: 'I am a simple mortgagee,' and he asks the Court to enforce his rights. The decree was a matter of course.

3. Their Lordships will therefore humbly advise His Majesty to dismiss the appeal and the appellant must pay the costs.


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