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Mavulali AmirudIn Sharif Saheb Vs. Gundu Sobhanadri and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Judge
Reported in(1884)ILR6Mad339
AppellantMavulali AmirudIn Sharif Saheb
RespondentGundu Sobhanadri and ors.
Cases ReferredThumbusawmy Moodelly v. Hossain Rowthen I.L.R.
Excerpt:
mortgage - conditional sale--condition precedent. - - the mortgage being redeemable, any one of the persons entitled to redeem would be compelled and entitled to claim redemption of the whole, if any part of the debt remained to be satisfied;.....any further act of the parties. the mortgage being redeemable, any one of the persons entitled to redeem would be compelled and entitled to claim redemption of the whole, if any part of the debt remained to be satisfied; but, as nothing remains to be paid, the appellant can only redeem his share. to the extent of a 7/48th share, the appellant is entitled to redeem. the decree of the lower appellate court is reversed, and the decree of the munsif restored to the extent indicated, and the parties will pay and receive proportionate costs in all courts.
Judgment:

Charles A. Turner, Kt., C.J.

1. This case is governed by the ruling of the Privy Council, referred to by the Lower Appellate Court, in Thumbusawmy Moodelly v. Hossain Rowthen I.L.R. 1 Mad. 17.

The obligation to pay the balance before the day fixed was not to attach till that balance should have been ascertained by an account, in which the mortgagee was necessarily to be the accounting party.

2. The transaction could not execute itself without any further act of the parties. The mortgage being redeemable, any one of the persons entitled to redeem would be compelled and entitled to claim redemption of the whole, if any part of the debt remained to be satisfied; but, as nothing remains to be paid, the appellant can only redeem his share. To the extent of a 7/48th share, the appellant is entitled to redeem. The decree of the Lower Appellate Court is reversed, and the decree of the Munsif restored to the extent indicated, and the parties will pay and receive proportionate costs in all Courts.


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