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1975 Supreme(Mad) 487

VEERASWAMI, NATARAJAN
Subramania Pillai – Appellant
Versus
Masterly – Respondent


Judgement

VEERASWAMI, C. J.:- This appeal under the Letters Patent by the plaintiff turns on whether there was a substantial representation is the court proceedings resulting in a sale in execution of a mortgage decree obtained against Champakaraman Pillai. For the purpose of this appeal, it is enough to say that the property in question was subject to a usufructuary mortgage executed on 9-4-1100 M. E. and this was followed by a simple mortgage executed by the owner on 3-10-1101 M.E. The second mortgage was enforced through court, but, before the decree was executed, the mortgagor had died. One Lakshmi was impleaded as his legal representative in the execution proceedings. Eventually, there was a sale in favour of the assignee-decree-holder, who got a sale certificate for himself. The present appeal arises out of a suit for redemption of the usufructuary mortgage brought by the purchaser of the equity of redemption from the heirs of the original mortgagor. Raghavan, J. who heard the second appeal arising out of the suit, allowed it and dismissed the suit on the ground that the appellant no longer owned the equity of redemption. He was of opnion that Lakshmi, as a legal representativ



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