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Rachamadugu Lakshminarayana Vs. Sannuthi Rama Subbiah Chetty (Died) and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad33(1); 25Ind.Cas.108
AppellantRachamadugu Lakshminarayana
RespondentSannuthi Rama Subbiah Chetty (Died) and ors.
Cases ReferredThumbusawmy Moodelly v. Hoosain Rowthen
Excerpt:
mortgage - mortgagee to be put in possession on failure to pay mortgage amount on certain day-clog on redemption--condition invalid. - .....for that amount.2. it was executed in 1871, and following the decision in thumbusawmy moodelly v. hoosain rowthen 1. m. 1 : 2 i.a. 241 : 3 suth. p.c.j. 198 : 3 sar. p.c.j. 531, the document must nonetheless be regarded as a mortgage and the provision which deprives the mortgagor of his right of redemption is invalid. as the mortgage continued in existence, the purchase by the 4th defendant was subject thereto and the decree of the lower appellate' court is right. the time for redemption is extended by three months from today.3. the appeal is dismissed with costs.
Judgment:

1. The deed hypothecates the property and goes on to provide that if default is made in the payment of any instalment, the whole amount shall become due and the property shall be put in possession of the mortgagee as if sold to him for that amount.

2. It was executed in 1871, and following the decision in Thumbusawmy Moodelly v. Hoosain Rowthen 1. M. 1 : 2 I.A. 241 : 3 Suth. P.C.J. 198 : 3 Sar. P.C.J. 531, the document must nonetheless be regarded as a mortgage and the provision which deprives the mortgagor of his right of redemption is invalid. As the mortgage continued in existence, the purchase by the 4th defendant was subject thereto and the decree of the lower Appellate' Court is right. The time for redemption is extended by three months from today.

3. The appeal is dismissed with costs.


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