SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1974 Supreme(Mad) 467

K.VEERASWAMI, S.NATARAJAN, V.SETHURAMAN
Chandrasekaran – Appellant
Versus
Kunju Vanniar and others . – Respondent


Advocates:
R. Vijayan and A. Venkatachalam, for Appellant.
The Advocate-General and T.R. Rajagopalan, for Respondents.
M. S. Venkatarama Iyer, amicus curiae.

Kailasam, J.-The plaintiff is the appellant in this Letters Patent Appeal. As a mortgagor, the filed O.P. No. 18 of 1964 and deposited the amount due under a usufructuary mortgage and preyed for redemption under section 83 of the Transfer of Property Act. The usufructuary mortgage was originally executed by one Ramachandra Iyer, the original owner of the suit property under Exhibit A-2, dated 2nd March, 1924, in favour of one Kauvery Achi. Ramachandra Iyer later sold the suit property to the father of the plaintiff under Exhibit A-1, dated 18th December, 1929. Defendants 1 and 2, who succeeded to the interest of the usufructuary mortgagee under a will executed by Kauveri Achi on 30th September, 1942, did not resist the suit for redemption, but consented to a decree for redemption. Defendants 3 and 4, who were in possession as tenants inducted by the usufructuary mortgagee, resisted the suit on the ground that they were entitled to the benefits of the Tamil Nadu Cultivating Tenants Protection Act. The third defendant claimed to be cultivating the property under Kauveri Achi by a registered lease deed till her death, and then, under defendants 1 and 2. There is no dispute that defend














































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top