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Govinda Nadan and ors. Vs. Vasudeva Nadan and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in16Ind.Cas.385
AppellantGovinda Nadan and ors.
RespondentVasudeva Nadan and ors.
Cases ReferredSee Ramasami Chetti v. Mangai Karasu Nachiar
Excerpt:
hindu law - alienation by widow--necessity proved only for part of consideration--how far binding on revesioners. - 1. there is evidence that -the husband's debt was discharged by the 5th and 6th defendants in consideration of a mortgage executed in their favour by the widow.2. this being so, the mortgage is binding on the reversioners to the extent covered by exhibit iii.3. see ramasami chetti v. mangai karasu nachiar 18 m.k 113.4. the decree of the lower appellate court must be set aside and that of the district munsif restored. the parties will receive and pay proportionate costs in this and in the lower appellate court.
Judgment:

1. There is evidence that -the husband's debt was discharged by the 5th and 6th defendants in consideration of a mortgage executed in their favour by the widow.

2. This being so, the mortgage is binding on the reversioners to the extent covered by Exhibit III.

3. See Ramasami Chetti v. Mangai Karasu Nachiar 18 M.k 113.

4. The decree of the lower Appellate Court must be set aside and that of the District Munsif restored. The parties will receive and pay proportionate costs in this and in the lower Appellate Court.


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