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Vemooru Audi Narayaniah Vs. Panchagnula Sreeramulu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad896; 29Ind.Cas.785
AppellantVemooru Audi Narayaniah
RespondentPanchagnula Sreeramulu and ors.
Excerpt:
.....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 (4) taken by the secured creditor are not in accordance with the provisions of the act and the rules made thereunder, then only the.....1. we agree with the district judge that the suit is clearly barred. the plaintiff's evidence that he came to know 3 1/2 years before suit is inconsistent with evidence of his mother, and the general evidence clearly shows that the plaintiff must have been aware that the 1st defendant was being put forward as the adopted son of his grandfather much more than six years before the institution of this suit.2. the appeal is dismissed with costs.
Judgment:

1. We agree with the District Judge that the suit is clearly barred. The plaintiff's evidence that he came to know 3 1/2 years before suit is inconsistent with evidence of his mother, and the general evidence clearly shows that the plaintiff must have been aware that the 1st defendant was being put forward as the adopted son of his grandfather much more than six years before the institution of this suit.

2. The appeal is dismissed with costs.


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