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P.L.S.A.R.S. Chettiappa Chettiar Vs. N. Periasami thevan and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.810
AppellantP.L.S.A.R.S. Chettiappa Chettiar
RespondentN. Periasami thevan and anr.
Cases ReferredRangasami Naicker v. Annamalai Mudali
Excerpt:
transfer of property act (iv of 1882), section 78 - registration--possession of title-deeds--gross negligence. - 1. the subordinate judge finds that there was not gross negligence in the circumstances of this case on the part of the 11th defendant, the prior mortgagee. the subordinate judge has accepted the 11th defendant's explanation for not having been possessed himself of the title-deeds. we are also disposed to agree with the decision in rangasami naicker v. annamalai mudali 31 m. 7 : 3 m.l.t. 87 : 17 m.l.j. 499 where it is pointed out that the same importance does not attach to the possession of the title-deeds in the mofussil as in the city of madras, and that facility in, inspecting the registry provided by the registration law-should be taken into account in determining whether there was gross negligence in the prior encumbrance. we dismiss the second appeal with costs.
Judgment:

1. The Subordinate Judge finds that there was not gross negligence in the circumstances of this case on the part of the 11th defendant, the prior mortgagee. The Subordinate Judge has accepted the 11th defendant's explanation for not having been possessed himself of the title-deeds. We are also disposed to agree with the decision in Rangasami Naicker v. Annamalai Mudali 31 M. 7 : 3 M.L.T. 87 : 17 M.L.J. 499 where it is pointed out that the same importance does not attach to the possession of the title-deeds in the Mofussil as in the city of Madras, and that facility in, inspecting the registry provided by the Registration Law-should be taken into account in determining whether there was gross negligence in the prior encumbrance. We dismiss the second appeal with costs.


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