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1939 Supreme(Mad) 386

VENKATARAMANA RAO
Eswara Krishna Aiyar – Appellant
Versus
Mariya Susai Reddiar – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is an appeal from the judgment of the learned District Judge of South Arcot in a suit to enforce a mortgage dated 29th November, 1919, executed by defendants 1 to 3 in favour of the fifth defendant. This deed of mortgage Ex. A was assigned by a deed of assignment Ex. C dated 9th January, 1932, in favour of the third plaintiff who was a benamidar for plaintiffs 1 and 2. The fourth, defendant is the son of the first defendant the sixth defendant is the fifth defendants wife; the seventh defendant is the undivided son of the fifth defendant; and the eighth defendant is a purchaser in Court auction of the suit properties in execution of a money decree against defendants 1 and 2 subsequent to the date of the mortgage. The ninth defendant, is the Official Receiver who was added as a party since the date of the suit as the representative of the first defendant who was adjudged an insolvent. The sum sought to be recovered in the suit was Rs. 20,000 which is the amount secured under the said mortgage. The main defence of the eighth defendant who became the purchaser of the right, title and interest of the first defendant in the suit properties in executi






























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