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K. Chengalroya Reddi Vs. Udai Kavour by Her Agent Mohanmull Choreda (Deceased) and ors. - Court Judgment

LegalCrystal Citation
SubjectContract;Property
CourtChennai
Decided On
Reported inAIR1936Mad752; (1936)71MLJ1a
AppellantK. Chengalroya Reddi
RespondentUdai Kavour by Her Agent Mohanmull Choreda (Deceased) and ors.
Excerpt:
- - in the circumstances, we think that the best we could do is to pass a decree in the following terms:.....the villages of kuppambaduru and paramala the sum of rs. 66,973 with interest thereon at 6 per cent per annum from 17th september, 1926; this sum shall be a first, charge on the sale proceeds, but the proportionate amount for which the several villages are liable to be sold shall, if necessary, be fixed by the lower court, is accordance with the principles indicated in section 45 of the madras revenue recovery act;that the plaintiff be entitled to recover by sale of the plaint b scheduled villages (other than kuppambaduru and kethumalrajapuram) the sum of rs. 2,780 with interest thereon at 6 per cent, per annum from 17th september, 1926; that this amount shall be a first charge on the sale proceeds; but the proportionate amount for which the several villages are liable to be sold,.....
Judgment:
ORDER

1. The way in which the suit has been dealt with in the Court below has led to a dearth of materials necessary to work out the declarations above made as to the rights of the parties. Having regard however to the long pendency of this litigation, we are very reluctant to allow it to be further prolonged by a remand. We accordingly directed the appeal to be posted for being spoken to and it accordingly came on for further hearing today. In the circumstances, we think that the best we could do is to pass a decree in the following terms:

that the plaintiff do recover from the first defendant personally the sum of Rs. 20,797-2-0 with interest thereon at 6 per cent, per annum from 17th September, 1926, to date of payment, that the plaintiff dm recover from the second defendant personally the sum of Rs. 48,526-2-0 with interest thereon at 6 per cent, per annum from 17th September, 1926, to date-of payment;

that out of the above sum, the plaintiff be entitled to recover by sale of the plaint A scheduled villages excluding the villages of Kuppambaduru and Paramala the sum of Rs. 66,973 with interest thereon at 6 per cent per annum from 17th September, 1926; this sum shall be a first, charge on the sale proceeds, but the proportionate amount for which the several villages are liable to be sold shall, if necessary, be fixed by the lower Court, is accordance with the principles indicated in Section 45 of the Madras Revenue Recovery Act;

that the plaintiff be entitled to recover by sale of the plaint B scheduled villages (other than Kuppambaduru and Kethumalrajapuram) the sum of Rs. 2,780 with interest thereon at 6 per cent, per annum from 17th September, 1926; that this amount shall be a first charge on the sale proceeds; but the proportionate amount for which the several villages are liable to be sold, shall, if necessary, be fixed by the lower Court in accordance with the principles indicated in Section 45 of the Madras Revenue Recovery Act;

that so far however as the village of Eduvaripalli is concerned, the plaintiff be entitled to recover by sale thereof, as a first charge on the sale proceeds, only the sum of Rs. 238 plus 55 (being its proportion of the 5 per cent, solatium) in all, 293 with interest thereon at 6 per cent, per annum from 17th September, 1926;

that the village of Kethumalrajapuram shall be proceeded against in execution of this decree only to the extent that may be necessary to enable the plaintiff to recover from defendants 5, 10, 11 and 14 the proportionate share for which, on the principles above indicated, that village may be liable out of the sum of Rs. 66,973 and interest thereon;

that the appellant shall get his costs of this appeal from the plaintiff, that the plaintiff will get the costs of her memo, of objections from defendants 1 and 2 in the proportion of 3/10ths and 7/10ths and that the second defendant's memo, of objections be dismissed without costs;

that the costs awarded to the plaintiff by the decree of the lower Court be recovered in the proportion stated in that decree from defendants 1 and 2 and by the sale of such of the suit properties as are in the possession of defendants 1 and 2 and that the declaration in the decree of the lower Court of a prior charge in favour of the fifth defendant on Kethumalrajapuram for Rs. 8,000 and interest do stand.


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