Skip to content


Cheruvalath Kunhanari Valakkathala Ereehan Alias Kuttappa and ors. Vs. theyyatath Koran - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad414(1); 25Ind.Cas.50
AppellantCheruvalath Kunhanari Valakkathala Ereehan Alias Kuttappa and ors.
Respondenttheyyatath Koran
Excerpt:
civil procedure code act (v of 1908), order xxxiv, rules 4, 6 - transfer of property act (iv of 1882), section 88--decree directing payment of money within fixed time and in default sale of mortgaged property--money-decree--further order, under rule 6, unnecessary. - .....objection that no second appeal lies.2. on the merits we are bound by a uniform course of decisions of this court to hold that where a decree directs the defendants to pay money to the plaintiff within a certain time and sale of mortgaged property in default, the decree is not only an ordinary mortgage-decree under section 88 of the transfer of property act (order xxxiv, rule 4, of the code of civil procedure), but is also a decree for money, which may be executed against the other properties of the defendant. any further order or decree under order xxxiv, rule 6, of the code of civil procedure is unnecessary. the decree now in question may, therefore, be executed as a money-decree. on this ground we set aside the orders of the courts below and direct the district munsif to restore.....
Judgment:

1. We overrule the preliminary objection that no second appeal lies.

2. On the merits we are bound by a uniform course of decisions of this Court to hold that where a decree directs the defendants to pay money to the plaintiff within a certain time and sale of mortgaged property in default, the decree is not only an ordinary mortgage-decree under Section 88 of the Transfer of Property Act (Order XXXIV, Rule 4, of the Code of Civil Procedure), but is also a decree for money, which may be executed against the other properties of the defendant. Any further order or decree under Order XXXIV, Rule 6, of the Code of Civil Procedure is unnecessary. The decree now in question may, therefore, be executed as a money-decree. On this ground we set aside the orders of the Courts below and direct the District Munsif to restore the petition to his file and dispose of it according to law.

3. Costs hitherto incurred will abide the result.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //