Skip to content


Jammula Narayanamurthi and ors. Vs. Nilambara Prudhivisinghi Santo and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in107Ind.Cas.511
AppellantJammula Narayanamurthi and ors.
RespondentNilambara Prudhivisinghi Santo and ors.
Cases ReferredRammayya v. Guruva
Excerpt:
transfer of property act (iv of 1882), sections 67, 98 - mortgage--covenant to pay--provision for mortgagee remaining in possession if debt is not re-paid--no provision for sale on non-payment--anomalous mortgage--remedies of mortgagee. - 1. the mortgages are anomalous mortgages. the document provides for the contingency to happen if payment is not made at the expiry of the period. it states that in default of payment the mortgagee is to be in possession till the mortgage is discharged.2. we think the decree of the learned judge is right and that plaintiff has no right to bring the property to sale, rammayya v. guruva 14 m.p 232 : 5 ind. dec. (n.s.) 163 has no application as under the terms of the document the mortgagee was to be in possession for interest only after the period fixed for sale. as regards the principal sum the document gave a right of suit.3. the appeal fails and is dismissed with costs.
Judgment:

1. The mortgages are anomalous mortgages. The document provides for the contingency to happen if payment is not made at the expiry of the period. It states that in default of payment the mortgagee is to be in possession till the mortgage is discharged.

2. We think the decree of the learned Judge is right and that plaintiff has no right to bring the property to sale, Rammayya v. Guruva 14 M.P 232 : 5 Ind. DEc. (N.S.) 163 has no application as under the terms of the document the mortgagee was to be in possession for interest only after the period fixed for sale. As regards the principal sum the document gave a right of suit.

3. The appeal fails and is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //