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1960 Supreme(Mad) 333

JAGADISAN
Thimmakkal – Appellant
Versus
N. Kamakshi Ammal – Respondent


Advocates:
T.V. Balakrishnan, for Appellant.
V.C. Viraraghavan, for 1st Respondent.

Judgment.-

Rangan Chetti the owner of two items of properties mortgaged them under a mortgage deed, Exhibit A-1, dated 27th December, 1950 to secure a debt of Rs. 500 in favour of his sister Thimmakkal. On 4th April, 1951, he sold one of the items mortgaged to Kamakshi under a registered sale deed, Exhibit B-4. Rangan Chetti died sometime in 1951 or 1952 leaving behind him as his heirs his two sisters Thimmakkal the mortgagee under Exhibit A-1 and another Lakshmi Ammal. Thimmakkal filed O.S. No. 264 of 1955 on the file of the District Munsif’s Court, Kallakurichi, seeking to enforce the mortgage in her favour, Exhibit A-1, by bringing to sale the hypotheca. The first defendant in the suit is her sister, Lakshmi Ammal who is jointly entitled along with her to succeed to the estate of Rangan Chetti. The second defendant in the suit was impleaded on the footing that he was a purchaser under the registered sale deed, Exhibit B-3, dated 19th February, 1951 of another item of hypotheca from Rangan Chetti, The third defendant was the purchaser under Exhibit B-4, Kamakshi, referred to above. The first defendant remained ex parte and defendants 2 and 3 contested the suit. The plaintiff subse



























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