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Saravana Vs. Chinnammal - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad65
AppellantSaravana
RespondentChinnammal
Excerpt:
transfer of property act - act iv of 1882, section 68(c)--personal suit for mortgage amount. - - 1. by the terms of the mortgage document, on failure of payment of interest at the stipulated time, plaintiff was entitled to possession of the mortgaged property.1. by the terms of the mortgage document, on failure of payment of interest at the stipulated time, plaintiff was entitled to possession of the mortgaged property. defendant alleged tender of the interest at the due date, but it is found that this allegation is false. on the findings, therefore, plaintiff was, some months before suit, entitled to possession, and defendant did not put her in possession, but, on the contrary, denied her right to possession on a false plea of tender of the interest. we think, therefore, that, under clause (c) of section 68 of the transfer of property act, plaintiff was entitled to sue for the mortgage amount, and the decree of the lower court can be supported on this ground. the appeal is dismissed with costs.
Judgment:

1. By the terms of the mortgage document, on failure of payment of interest at the stipulated time, plaintiff was entitled to possession of the mortgaged property. Defendant alleged tender of the interest at the due date, but it is found that this allegation is false. On the findings, therefore, plaintiff was, some months before suit, entitled to possession, and defendant did not put her in possession, but, on the contrary, denied her right to possession on a false plea of tender of the interest. We think, therefore, that, under Clause (c) of Section 68 of the Transfer of Property Act, plaintiff was entitled to sue for the mortgage amount, and the decree of the lower Court can be supported on this ground. The appeal is dismissed with costs.


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