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Sami Achari Vs. Somasundram Achari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad119
AppellantSami Achari
RespondentSomasundram Achari
Excerpt:
res judicata - limitation--declaratory mortgage-decree for redemption not executed for fifteen, years no bar to subsequent suit to redeem. - charles a. turner, kt., c.j. and muttusami ayyar, j.1. the decree passed in 1866 must, in the events which have happened, be regarded as a declaratory decree in so far as it related to redemption. it declared the plaintiff entitled to redeem and to recover possession on making a certain payment. it did not declare the mortgagor would be foreclosed if he did not exercise his right of redemption. the mortgagor's right to redeem is not lost because he omitted to make the payment which was declared to be the condition of his recovering possession in the former proceedings.2. the appeal is dismissed, but we refuse the respondent his costs, and overrule his objection with costs.
Judgment:

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. The decree passed in 1866 must, in the events which have happened, be regarded as a declaratory decree in so far as it related to redemption. It declared the plaintiff entitled to redeem and to recover possession on making a certain payment. It did not declare the mortgagor would be foreclosed if he did not exercise his right of redemption. The mortgagor's right to redeem is not lost because he omitted to make the payment which was declared to be the condition of his recovering possession in the former proceedings.

2. The appeal is dismissed, but we refuse the respondent his costs, and overrule his objection with costs.


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