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S. Narayanachari Vs. T.V.A.K.T. Annamalai Chettiar - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1940Mad61; (1939)2MLJ225
AppellantS. Narayanachari
RespondentT.V.A.K.T. Annamalai Chettiar
Excerpt:
- .....of freeing his own security and preserving his possession. in no sense of the word is he a debtor. the decree is not against him for a debt payable by him, but in his favour allowed him a right in equity to redeem the first mortgage. to use the language of section 3(iii) of the debt relief act, petitioner is under no liability under the decree. his is not a debt.2. the learned district munsif of tirupathi has in my judgment rightly dismissed his petition under section 20 of the debt relief act. i dismiss the revision petition with costs.
Judgment:

Newsam, J.

1. The petitioner was a puisne usufructuary mortgagee. In a suit by the first mortgagee he was impleaded and the suit was decreed. Petitioner, though in terms directed to redeem, that is, to discharge the first mortgage, was in reality merely granted a privilege - the privilege of freeing his own security and preserving his possession. In no sense of the word is he a debtor. The decree is not against him for a debt payable by him, but in his favour allowed him a right in equity to redeem the first mortgage. To use the language of Section 3(iii) of the Debt Relief Act, petitioner is under no liability under the decree. His is not a debt.

2. The learned District Munsif of Tirupathi has in my judgment rightly dismissed his petition under Section 20 of the Debt Relief Act. I dismiss the revision petition with costs.


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