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Arunachella Chetti Vs. Sithayi Ammal and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad327
AppellantArunachella Chetti
RespondentSithayi Ammal and anr.
Excerpt:
mortgagee and mortgagor - right of mortgagee in possession to execute repairs--transfer of property act iv of 1882, section 72. - .....that substantial improvements were effected. what has to be determined is whether the expenditure was necessary to preserve the house from destruction. (see transfer of property act, section 72). a mortgagee is not at liberty to effect improvements and charge the mortgagor therewith.2. it is suggested that the plaintiff is liable because he consented to the work being done. but this consent would not make him liable unless given under circumstances to make it equivalent to a promise to reimburse the cost to the defendants.3. we must ask the subordinate judge to find(i) whether the expenditure was necessarily incurred for the preservation of the property;(ii) whether, if not, the plaintiff agreed to repay the cost.4. the findings are to be submitted within one month after the.....
Judgment:
ORDER

1. The finding of the Subordinate Judge is very unsatisfactory. In one passage he says that the work done by the defendant was in the nature of repairs, and in another place he uses language implying that substantial improvements were effected. What has to be determined is whether the expenditure was necessary to preserve the house from destruction. (See Transfer of Property Act, Section 72). A mortgagee is not at liberty to effect improvements and charge the mortgagor therewith.

2. It is suggested that the plaintiff is liable because he consented to the work being done. But this consent would not make him liable unless given under circumstances to make it equivalent to a promise to reimburse the cost to the defendants.

3. We must ask the Subordinate Judge to find

(i) whether the expenditure was necessarily incurred for the preservation of the property;

(ii) whether, if not, the plaintiff agreed to repay the cost.

4. The findings are to be submitted within one month after the re-opening of the Court after the recess. Seven days will be allowed for filing objections after the findings have been posted up in this Court.


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