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Raghava Chariar (Dead) and Two ors. Vs. Seshadri Iyengar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1905)15MLJ374
AppellantRaghava Chariar (Dead) and Two ors.
RespondentSeshadri Iyengar and ors.
Cases ReferredVeerana Pillai v. Muthukumara Asari I.L.R.
Excerpt:
- 1. we agree with the decision in veerana pillai v. muthukumara asari i.l.r. 27 m. 102 where the facts were the same as in this case, namely, that the present suit was not barred under section 43 of the code of civil procedure. the right claimed in the previous suit was the recovery of the mortgage money by the sale of the property which was quite different from the right claimed in the present suit, the possession of the mortgaged property. we must, therefore reverse, the decrees of the courts below and direct that the suit be restored to the file of the district munsif and disposed of according to law. the respondents must pay the appellants' costs in this and in the lower appellate court. the costs of the munsiff's court will be provided for in the final decree.
Judgment:

1. We agree with the decision in Veerana Pillai v. Muthukumara Asari I.L.R. 27 M. 102 where the facts were the same as in this case, namely, that the present suit was not barred under Section 43 of the Code of Civil Procedure. The right claimed in the previous suit was the recovery of the mortgage money by the sale of the property which was quite different from the right claimed in the present suit, the possession of the mortgaged property. We must, therefore reverse, the decrees of the courts below and direct that the suit be restored to the file of the District Munsif and disposed of according to law. The respondents must pay the appellants' costs in this and in the Lower Appellate Court. The costs of the Munsiff's Court will be provided for in the final decree.


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