Skip to content


Tadepalli Subba Rao Vs. Motamari Lakshminarayana and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported inAIR1925Mad1214; 92Ind.Cas.593
AppellantTadepalli Subba Rao
RespondentMotamari Lakshminarayana and anr.
Excerpt:
execution of decree - mortgage-decree--sale of properties, order of--mortgagee, right of. - 1. assuming an appeal lies which is doubtful, we cannot interfere with the order of the court below. the mortgagee is entitled to bring the properties to sale in any order he chooses. we cannot scrutinise his motives and even on the allegation of the appellant, there is nothing improper in those motives. the mortgagee cannot be in a worse position as to his rights because one of the mortgagor's properties has been purchased by some other person. the appeal is dismissed with costs of first respondent.
Judgment:

1. Assuming an appeal lies which is doubtful, we cannot interfere with the order of the Court below. The mortgagee is entitled to bring the properties to sale in any order he chooses. We cannot scrutinise his motives and even on the allegation of the appellant, there is nothing improper in those motives. The mortgagee cannot be in a worse position as to his rights because one of the mortgagor's properties has been purchased by some other person. The appeal is dismissed with costs of first respondent.


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