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Muthana Kone and anr. Vs. Kumarasami Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1905)15MLJ6
AppellantMuthana Kone and anr.
RespondentKumarasami Pillai and ors.
Excerpt:
- - 1. we are clearly of opinion that the decree in the suit of 1876 under which the sale, now impeached, took place was not intended to confine the judgment creditor's right to a sale of the mortgaged property.1. we are clearly of opinion that the decree in the suit of 1876 under which the sale, now impeached, took place was not intended to confine the judgment creditor's right to a sale of the mortgaged property. the provision in the decree that the judgment-creditor should not be entitled to proceed against the person of the judgment-debtor implies that the court did not prohibit the sale of property other than that mortgage, should it be necessary to sell such property for the realization of the decree amount. in this view the sale in question was not open to any objection. 2. we dismiss the appeal with costs.
Judgment:

1. We are clearly of opinion that the decree in the suit of 1876 under which the sale, now impeached, took place was not intended to confine the judgment creditor's right to a sale of the mortgaged property. The provision in the decree that the judgment-creditor should not be entitled to proceed against the person of the judgment-debtor implies that the court did not prohibit the sale of property other than that mortgage, should it be necessary to sell such property for the realization of the decree amount. In this view the sale in question was not open to any objection.

2. We dismiss the appeal with costs.


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