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1939 Supreme(Mad) 245

WADSWORTH
Namasivaya Mudaliar – Appellant
Versus
A. Srinivasa Aiyangar – Respondent


JUDGMENT

Wadsworth, J.

1. This is an, appeal against an order in execution of a mortgage decree. The mortgage covered three houses with ground attached thereto and in the property the present appellants were entitled to a half share. The appellate decree made the half share of the appellants liable only to the extent of a portion of the mortgage amount with interest theron, the half share of the other defendants being liable for the full amount of the mortgage decree. In execution of the decree the decree-holder sought to bring to sale the hypotheca and asked for leave to sell the whole property in one lot owing to the difficulty 0f selling an undivided share. Notice of this application was sent to the appellants and they filed a counter-affidavit in which they pleaded that the whole property could not be brought to sale for the total liability of all the defendants together, but that only their half share in the property should be brought to sale to recover the limited amount for which the appellants were liable tinder the decree. There was also a contention that the three houses should be sold in separate lots. After a commissioner had been appointed, the Court passed an order on 1




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