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Chinnasami Aiyangar Vs. Kuppusami Aiyangar - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1897)7MLJ50
AppellantChinnasami Aiyangar
RespondentKuppusami Aiyangar
Excerpt:
- 1. the plaintiff has made no claim for the mortgage money, but only for the possession of the land, and for an injunction, and, in fact, his claim is inconsistent with any claim for money. the only relief he was entitled to in such an action was relief ejusdem generis with his claim.2. in the absence of any claim for money, the plaintiff was not entitled to a judgment for the mortgage money.3. we, therefore, set aside the decree in both the lower courts and dismiss the suit. bach party must pay his own costs throughout.
Judgment:

1. The plaintiff has made no claim for the mortgage money, but only for the possession of the land, and for an injunction, and, in fact, his claim is inconsistent with any claim for money. The only relief he was entitled to in such an action was relief ejusdem generis with his claim.

2. In the absence of any claim for money, the plaintiff was not entitled to a judgment for the mortgage money.

3. We, therefore, set aside the decree in both the lower courts and dismiss the suit. Bach party must pay his own costs throughout.


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