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Mallikarjuna Sastri Vs. Narasimha Rao - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad412
AppellantMallikarjuna Sastri
RespondentNarasimha Rao
Cases ReferredSankaran Nambiar v. Kanara Kurup I.L.R.
Excerpt:
civil procedure code - act xiv of 1882, section 258--agreement by purchaser of mortgaged property) to pay an agreed sum to mortgagee holding decree for sale--transfer of property act--act iv of 1882, section 57--payment into court by purchaser of mortgaged property in pursuance of adjustment of decree cut of court--limitation act--act xv of 1877, schedule ii, article 173a--application for adjustment of decree to be recorded. - 1. section 57 of the transfer of property act does. not apply to this case, as it involves a question of the adjustment of a decree out of court.2. the decree of this court is not a decree for payment of money, but an ordinary mortgage decree for sale in case the money due is not paid.3. that being so, section 258, code of civil procedure, is not applicable compare sankaran nambiar v. kanara kurup i.l.r. 22 mad. 182. the respondent was therefore not precluded by limitation under article 173a of the second schedule of the limitation act from proving the agreement set up by him under section 244, clause (c) of the code of civil procedure.4. there being no doubt as to the agreement, the appeal fails and is dismissed with costs.
Judgment:

1. Section 57 of the Transfer of Property Act does. not apply to this case, as it involves a question of the adjustment of a decree out of Court.

2. The decree of this Court is not a decree for payment of money, but an ordinary mortgage decree for sale in case the money due is not paid.

3. That being so, Section 258, Code of Civil Procedure, is not applicable compare Sankaran Nambiar v. Kanara Kurup I.L.R. 22 Mad. 182. The respondent was therefore not precluded by limitation under Article 173A of the second schedule of the Limitation Act from proving the agreement set up by him under Section 244, Clause (c) of the Code of Civil Procedure.

4. There being no doubt as to the agreement, the appeal fails and is dismissed with costs.


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