1972 Supreme(Mad) 555
MAHARAJAN
Mangai Achi – Appellant
Versus
S. Asokan – Respondent
Advocates:
V. Sridevan, G. Masilamani and P. Deivasigamani, for Appellant; M. Palaniappan, for Respondents.
ORDER :- This is an appeal by the first defendant against the order of the Subordinate Judge of Ramanathapuram, granting, at the instance of the plaintiff, an ex parte injunction restraining the appellant from taking delivery of possession of certain properties which she had purchased in court auction in execution of a mortgage decree obtained against the plaintiffs father. Before discussing the questions involved in the appeal, it is necessary to set forth briefly the background in the dispute between the parties. Sundaram Chettiar, the undivided father of Asokan, the plaintiff, who got the ex parte injunction in the court below, purchased a cinema theatre at Rajapalayam. At the time of the purchase he borrowed from one Chockalingam, the husband of the appellant, Mangai Achi, a sum of Rs. 50,000 for making up the sale price. He also mortgaged the theatre for Rs. 50,000 on 19-5-1958 in favour of Chockalingam Chettiar. Subsequently, on 21-7-1959, he granted another mortgage in favour of Chockalingam Chettiar's brother for Rs. 15,000 in respect of the same cinema theatre. This mortgage was subsequently assigned in favour of Chockalingam Chettiar. On 21-11-1960 Sundaram Chettiar grant
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