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The Mylapore Hindu Permanent Fund Ltd. Vs. P.S. Pushpammal - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1939Mad774; (1939)2MLJ434
AppellantThe Mylapore Hindu Permanent Fund Ltd.
RespondentP.S. Pushpammal
Excerpt:
- - since the appellant sold the property to the respondent in the exercise of the power of sale conferred upon him by the terms of the deed of mortgage, the deed is clearly a document of title.1. the decision of the learned judge of the city civil court is correct. the appellant sold the property to the respondent and section 55(3) of the transfer of property act is clear and unambiguous. the mortgage deed, it is contended, is not a document of title, but no authority is cited in support of this proposition. since the appellant sold the property to the respondent in the exercise of the power of sale conferred upon him by the terms of the deed of mortgage, the deed is clearly a document of title. the appellant must therefore surrender the deed to the respondent, however inconvenient it may be.2. the appeal is dismissed with costs.
Judgment:

1. The decision of the learned Judge of the City Civil Court is correct. The appellant sold the property to the respondent and Section 55(3) of the Transfer of Property Act is clear and unambiguous. The mortgage deed, it is contended, is not a document of title, but no authority is cited in support of this proposition. Since the appellant sold the property to the respondent in the exercise of the power of sale conferred upon him by the terms of the deed of mortgage, the deed is clearly a document of title. The appellant must therefore surrender the deed to the respondent, however inconvenient it may be.

2. The appeal is dismissed with costs.


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