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K. Vellayappa Rowthen Vs. K. Bava Rowthen and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.747
AppellantK. Vellayappa Rowthen
RespondentK. Bava Rowthen and ors.
Cases Referred and Thekkemannengath Raman v. Kakkesseri Pazhiyot Manakkal Karnavan
Excerpt:
.....as may be deemed proper including condition of deposit. even under section 69 of the transfer of property act, the only remedy of the borrower whose mortgage has invoked section 69 of the transfer of property act, is to file a civil suit and in such suit the court has power to grant injunction and to impose condition for the grant thereof--section 17; [a.p. shah c.j., f.m. ibrahim kalifulla & v. ramasubramanian, jj] proceedings under section 17 power of the tribunal to pass any interim order held, once the possession of the secured asset is taken, there would be no occasion for the tribunal to order redelivery of possession till final determination of the issue. in other words, it is only when the tribunal comes to the conclusion that any of the measures, referred to in section 13.....1. under exhibit a the respondents purport to convey full title in the suit property and the appellant is entitled to rely on section 55 (2) of the transfer of property act. his knowledge that the title was defective will not in such circumstances preclude him from suing for recovery of his purchase-money. vide subbaraya reddiar v. rajagopala reddiar 23 ind. cas. 570 : (1914) m.w.n. 376 : 15 m.l.t. 240 and thekkemannengath raman v. kakkesseri pazhiyot manakkal karnavan 27 ind. cas. 989 : 28 m.l.j. 184 : 2 l.w. 433.2. the decree of the subordinate judge is set aside and the appellant (plaintiff) will be given a decree for rs. 538-4-0 with subsequent interest at 6 per cent.3. each party will bear its own costs throughout.
Judgment:

1. Under Exhibit A the respondents purport to convey full title in the suit property and the appellant is entitled to rely on Section 55 (2) of the Transfer of Property Act. His knowledge that the title was defective will not in such circumstances preclude him from suing for recovery of his purchase-money. Vide Subbaraya Reddiar v. Rajagopala Reddiar 23 Ind. Cas. 570 : (1914) M.W.N. 376 : 15 M.L.T. 240 and Thekkemannengath Raman v. Kakkesseri Pazhiyot Manakkal Karnavan 27 Ind. Cas. 989 : 28 M.L.J. 184 : 2 L.W. 433.

2. The decree of the Subordinate Judge is set aside and the appellant (plaintiff) will be given a decree for Rs. 538-4-0 with subsequent interest at 6 per cent.

3. Each party will bear its own costs throughout.


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