Skip to content


Nagathal and ors. Vs. V. Arumugham Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1923Mad354(1); (1923)44MLJ362
AppellantNagathal and ors.
RespondentV. Arumugham Pillai and ors.
Cases ReferredThevaraya Reddy v. Venkatachalam Pandithar
Excerpt:
- .....decreed. he had thus done all he could to enable the mortgagee to draw the amount, as the money was not withdrawn by him before the heirs could settle their disputes, as was the case in thevaraya reddy v. venkatachalam pandithar 31 m.l.j. 548. in this case, therefore interest ceased to fun from the date of the deposit and the subordinate judge was right in allowing mesne profits to plaintiff. this being so his order as to costs must also stand.2. second appeal no. 1396 of 1921 is dismissed with costs of the plaintiff.3. second apeal no. 1397 of 1921 is dismissed for the same reasons but without costs.
Judgment:

In S.A. No. 1396 of 1921

1. In this case the mortgage money was deposited by plaintiff in Court under Section 83, Transfer of Property Act to the credit of the mort-gagee's heirs. Owing to quarrels among the heirs, the amount was not drawn, but the amount was allowed by, plaintiff to remain in deposit Until his suit for redemption was decreed. He had thus done all he could to enable the mortgagee to draw the amount, as the money was not withdrawn by him before the heirs could settle their disputes, as was the case in Thevaraya Reddy v. Venkatachalam Pandithar 31 M.L.J. 548. In this case, therefore interest ceased to fun from the date of the deposit and the Subordinate Judge was right in allowing mesne profits to plaintiff. This being so his order as to costs must also stand.

2. Second Appeal No. 1396 of 1921 is dismissed with costs of the plaintiff.

3. Second Apeal No. 1397 of 1921 is dismissed for the same reasons but without costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //