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1956 Supreme(Ker) 54

T.K.JOSEPH, NANDANA MENON
Sundara Iyer Sthanunatha Iyer – Appellant
Versus
Anantharaman Pillai Chidambaram Pillai – Respondent


Judgment :-

1. The appeal arises out of a suit for recovery of the profits of mortgaged property. Nallaperumal Pillai Lekshmanaperumal Pillai executed a usufructuary mortgage in respect of the plaint properties to the defendant. The latter sued in O.S. No.73 of 1112 alleging that he had not been given possession of the mortgaged properties. A decree for recovery of the mortgage amount and loss of profits charged on the properties, as well as recovery of possession of the properties were sought for in that suit. The suit ended in a compromise decree under which the mortgagor acknowledged receipt of the mortgage amount as well as his liability to account for profits. The mortgagor was allowed to retain possession of the properties on payment of Rs. 300 per annum as rent. The decree further provided that the mortgagor was to pay the mortgage amount also in two instalments and that in case of default of payment on the due dates, the defendant was to recover possession of the properties. The defendant also undertook to surrender possession of receipt of the whole amount due to him as mortgage money and rent. Ext. II is copy of the decree. The mortgagor failed to pay the amounts on the d











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