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Arumuga Mudaliar Vs. Yogammal Boiammani Ammal - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1126a
AppellantArumuga Mudaliar
RespondentYogammal Boiammani Ammal
Excerpt:
transfer of property act (iv of 1882), section 99 - mortgage--attachment and sale of mortgaged property--application of section when, there is more than one mortgage. - 1. the case falls prima facie under section 99 of the transfer of property act, and no authority has been quoted in support of the proposition that the section does not apply when there is more than one mortgage.2. as to the argument that the sale has actually taken place and that there must be an application or suit to set the sale aside, we observe that the sale was only held on the condition that its confirmation depended upon the view taken by the district judge. it was understood that the sale would be a nullity if the district judge held that a sale was improper.3. the appeal is dismissed with costs.
Judgment:

1. The case falls prima facie under Section 99 of the Transfer of Property Act, and no authority has been quoted in support of the proposition that the section does not apply when there is more than one mortgage.

2. As to the argument that the sale has actually taken place and that there must be an application or suit to set the sale aside, we observe that the sale was only held on the condition that its confirmation depended upon the view taken by the District Judge. It was understood that the sale would be a nullity if the District Judge held that a sale was improper.

3. The appeal is dismissed with costs.


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