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Krishnaswami Aiyangar and anr. Vs. Srinivasa Aiyangar and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1901)11MLJ7
AppellantKrishnaswami Aiyangar and anr.
RespondentSrinivasa Aiyangar and ors.
Excerpt:
- .....have no interest in the mortgaged properties. it is further declared that the whole of the mortgaged property in its entirety (consisting of the shares of the 1st and 2nd defendants) is liable for the sum of rs. 1,335-7-7. it is further declared that so much of the mortgaged property as consists of the 2nd defendant's share therein is liable in addition for a further sum of rs. 568-8-5, being the difference between the amount found in this suit to be due from the 1st defendant on the said mortgage and the amount found to be due on the said mortgage in suit no. 427 of 1889.2. the appellants' (plaintiffs') costs throughout must be paid by the 2nd defendant. the 3rd and 4th defendants must pay to the 2nd defendant the costs of the trial of the issues sent down by this court. 3. the.....
Judgment:

1. Accepting the findings we must reverse the decree of the District Judge, and in lieu thereof, it is declared that the 3rd and 4th defendants have no interest in the mortgaged properties. It is further declared that the whole of the mortgaged property in its entirety (consisting of the shares of the 1st and 2nd defendants) is liable for the sum of Rs. 1,335-7-7. It is further declared that so much of the mortgaged property as consists of the 2nd defendant's share therein is liable in addition for a further sum of Rs. 568-8-5, being the difference between the amount found in this suit to be due from the 1st defendant on the said mortgage and the amount found to be due on the said mortgage in Suit No. 427 of 1889.

2. The appellants' (plaintiffs') costs throughout must be paid by the 2nd defendant. The 3rd and 4th defendants must pay to the 2nd defendant the costs of the trial of the issues sent down by this Court.

3. The memorandum of objections is dismissed with costs.


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