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1953 Supreme(Mad) 314

KRISHNASWAMI NAYUDU
R. M. S. Benjamin – Appellant
Versus
Devadoss – Respondent


Advocates:
K.V. Srinivasa Aiyar for Appellant.
K.P. Ramakrishna Aiyar for Respondents.

Judgment.-

This appeal arises out of a suit for redemption. There was a usufructuary mortgage under a registered document dated 24th August, 1892, for a sum of Rs. 31-8-0 in favour of Jacob and Mariammal. The mortgagees who were in possession usufructuarily sub-mortgaged their rights in favour of one Manivel Servai for the same sum of Rs. 31-8-0 by a deed, dated 21st August, 1910, duly executed and registered. As sub-mortgagee, Manivel Servai was in possession. In execution of a money decree obtained against Manivel Servai by the second defendant, the mortgage rights of Manivel Servai which he obtained under the deed, dated 21st August, 1910, were brought to sale and the first defendant purchased the property in Court auction and took delivery of possession. The first defendant therefore became entitled to the mortgagees’ rights in the usufructuary mortgage, dated 24th August, 1892. The plaintiffs as representatives of the original mortgagors instituted O.S. No. 504 of 1946 for redemption. The prayer for redemption was granted on plaintiffs paying Rs. 31-8-0, the principal amount, and other sums including expenses stated to have been incurred by the first defendant in O.S. No. 219 o















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