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Srinivasa Nayudu Vs. Yelaya Nayudu and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad251
AppellantSrinivasa Nayudu
RespondentYelaya Nayudu and ors.
Cases ReferredGirdharee Lall v. Kantoo Lall and Girdharee Lall
Excerpt:
hindu law - sale of family property in execution of decree upon mortgage bond--rights of purchaser. - .....must be taken to be that there is nothing to show whether the decree was executed as to the personal remedy or as to the remedy against the mortgaged property. the view of the district judge is most probably correct, that the sale was ordered and carried out in execution of so much of the decree as was personal and in execution of the order for the enforcement of the mortgage.2. what the full bench judgments of the majority of the judges decided was that in cases similar to that now before the court the rule laid down in girdharee lall v. kantoo lall and girdharee lall v. muddan thakoor 14 b.l.r. 187 : l.r. 1 indap 321 ought to be followed in this as in other presidencies. we think we ought to follow the rule, therefore, without addition of the dicta to be found in pages 69 and 70.....
Judgment:

Innes and Muttusami Ayyar, JJ.

1. On the issue sent down, the finding must be taken to be that there is nothing to show whether the decree was executed as to the personal remedy or as to the remedy against the mortgaged property. The view of the District Judge is most probably correct, that the sale was ordered and carried out in execution of so much of the decree as was personal and in execution of the order for the enforcement of the mortgage.

2. What the Full Bench judgments of the majority of the Judges decided was that in cases similar to that now before the Court the rule laid down in Girdharee Lall v. Kantoo Lall and Girdharee Lall v. Muddan Thakoor 14 B.L.R. 187 : L.R. 1 IndAp 321 ought to be followed in this as in other Presidencies. We think we ought to follow the rule, therefore, without addition of the dicta to be found in pages 69 and 70 of the Report in I.L.R. 4 Madras Series.

3. As the debt was not immorally or illegally contracted, we reverse the decrees of the Courts below and dismiss plaintiffs' suit with costs.


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