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1971 Supreme(Ker) 108

E.K.MOIDU
AYSHA BEEVI MARIYA UMMAL – Appellant
Versus
ABDUL KARIM RAHUMA BEEVI – Respondent


Judgment :-

1. The point that arises for determination in this Civil Revision Petition is whether a succession certificate should be obtained under S.214 of the Indian Succession Act (Act 39 of 1925) by the legal representatives of the mortgagee when they seek to get a decree in a suit instituted by them to recover the mortgage money by the sale of the mortgaged property.

2. This question has arisen in £ suit instituted by the revision petitioners against defendants 1 to 4. The revision petitioners and defendants 5 to 8 are the legal representatives of one Abdul Rahman Meeya Pillai, who died on-29-3-1961. The mortgage in question was executed in favour of the aforesaid Abdul Rahman Meeya Pillai. The petitioners alone instituted the suit though the defendants 5 to 8 supported them. The trial court following the decision reported in Kundan Lal v. Banwari Lal, 1969 Allahabad Law journal 946 held that the mortgage debt is also a "debt" within the meaning of S.214 of the aforesaid Act. The Allahabad High Court followed an earlier Full Bench decision of that court in coming to that conclusion. The Full Bench decision is reported in Fateh Chand v. Mohammed Bux, ILR. 16 All. 259, where the







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