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Poovachettiar Vs. Maddan Alias Kavandappa Goundan and ors. - Court Judgment

LegalCrystal Citation
Subjectproperty
CourtChennai
Decided On
Reported inAIR1944Mad549
AppellantPoovachettiar
RespondentMaddan Alias Kavandappa Goundan and ors.
Excerpt:
- .....split up and so is no longer liable to be scaled down on the analogy of cases relating to the splitting up of debts by the debtors executing different documents for portions thereof. it is difficult to see how those decisions are applicable here. what has happened is a reduction of the debt by transfer of a portion of the hypotheca to the creditor himself, and the balance remaining due is the same old debt reduced by a payment. the security may have been split up in the sense that the entire balance may not be recover-able from the properties remaining in the hands of the mortgagors having regard to section 60, t. p. act, but this does not affect the identity of the debt or its liability to be scaled down as before. the appeal is dismissed with costs of respondents 1, 2, 6 and 7......
Judgment:

Patanjali Sastri, J.

1. The only point of law taken is that the plaintiff mortgagee having purchased part of the hypotheca in pro tanto discharge of the debt, the debt itself must be considered to have been split up and so is no longer liable to be scaled down on the analogy of cases relating to the splitting up of debts by the debtors executing different documents for portions thereof. It is difficult to see how those decisions are applicable here. What has happened is a reduction of the debt by transfer of a portion of the hypotheca to the creditor himself, and the balance remaining due is the same old debt reduced by a payment. The security may have been split up in the sense that the entire balance may not be recover-able from the properties remaining in the hands of the mortgagors having regard to Section 60, T. P. Act, but this does not affect the identity of the debt or its liability to be scaled down as before. The appeal is dismissed with costs of respondents 1, 2, 6 and 7. (Leave refused).


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