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T. Subramanya Aiyar Vs. Manika Mudeley and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.432
AppellantT. Subramanya Aiyar
RespondentManika Mudeley and ors.
Excerpt:
civil procedure code (act xiv of 1882), sections 244, 278 - execution--legal representative of defendant claiming charge on property attached and to be sold in execution of decree--claim to be investigated under section 244. - .....in which the decree was made which is now under execution. the appellant claims a charge on the land sold in execution to the extent to which he, by paying off a mortgage, thereon, has relieved it of liability under the mortgage. the materials before us do not enable us to decide whether he is entitled to the charge claimed or whether for any reason his clam is now inadmissible, or if he is so entitled what will be the amount for which he can claim the security?.2. in these circumstances we reverse the decrees of both. courts and, remand the case to the court of first instance for disposal according to law. costs will abide the event.
Judgment:

1. It is not here denied that the question now remaining: for decisioa is one which ought to have been investigated tinder Section 244 of the Code, of 1882. The appellant is the representative of the second and third defendants in the suit in which the decree was made which is now under execution. The appellant claims a charge on the land sold in execution to the extent to which he, by paying off a mortgage, thereon, has relieved it of liability under the mortgage. The materials before us do not enable us to decide whether he is entitled to the charge claimed or whether for any reason his clam is now inadmissible, or if he is so entitled what will be the amount for which he can claim the security?.

2. In these circumstances we reverse the decrees of both. Courts and, remand the case to the Court of first instance for disposal according to law. Costs will abide the event.


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