Sadat Ali and anr. Vs. Fakir Bakhsh - Court Judgment
|Court||Allahabad High Court|
|Judge||Oldfield and; Brodhurst, JJ.|
|Appellant||Sadat Ali and anr.|
mortgage - usufructuary mortgage--satisfaction of mortgage-debt from usufruct--suit for whole mortgaged property by some of several mortgagors. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in..........us that this contention has force. the debt having been satisfied from the usufruct, the plaintiffs can only claim their own shares, and the court below should determine the extent of the shares after making the other co-mortgagors parties.3. the case is remanded in order that the issue be tried. ten days will be allowed for.....
1. The plaintiffs are some of several co-mortgagors, and sue to redeem the entire property mortgaged, on the ground that the mortgage-debt has been satisfied out of the usufruct. The Courts below have decreed the claim. The only point taken in appeal by the mortgagee in this appeal, and by one of the co-mortgagors who had been made a party to the suit as a defendant, is that the plaintiffs can only obtain possession of their shares of the property.
2. It appears to us that this contention has force. The debt having been satisfied from the usufruct, the plaintiffs can only claim their own shares, and the Court below should determine the extent of the shares after making the other co-mortgagors parties.
3. The case is remanded in order that the issue be tried. Ten days will be allowed for objections.