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Ramalinga Udayan Vs. Arukkani and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.163
AppellantRamalinga Udayan
RespondentArukkani and ors.
Excerpt:
transfer of property act (iv of 1882), section 58 - mortgage--hypothecation bond executed before transfer of property act--no express provision for sale--simple mortgage. - 1. we entertain no doubt that the document is a simple mortgage as defined in section 58 of the transfer of property act, iv of 1882. we must, therefore, set aside the decree of the district judge and remand the appeal for disposal according to law.2. costs will abide the result.
Judgment:

1. We entertain no doubt that the document is a simple mortgage as defined in Section 58 of the Transfer of Property Act, IV of 1882. We must, therefore, set aside the decree of the District judge and remand the appeal for disposal according to law.

2. Costs will abide the result.


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