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1939 Supreme(Mad) 383

HORWILL
P. R. Govindaswami Naicker – Appellant
Versus
Pukhraj Sowcar – Respondent


JUDGMENT

Horwill, J.

1. The appellant in Civil Miscellaneous Appeal No. 21, who is also the petitioner in Civil Revision Petition No. 127, brought a suit for a permanent injunction restraining the second mortgagee, the first defendant, from bringing the suit property to sale without the intervention of Court in accordance with the terms of the mortgage bond, on the ground that he was an agriculturist, that the debt had to be scaled down, and that until that was done the property could not properly be brought to sale. An application was also put in for a temporary injunction during the pendency of the suit. The first defendant contended that an injunction could not properly be granted and that the remedy of the mortgagor was by way of an application under Section 69 of the Transfer of Property Act. This contention met with approval in the trial Court; but this Court held in appeal that the appellant (petitioner) had a right to have his debt scaled down and to be protected from having his property sold until that was done, and that it was not a sufficient answer to the plaintiffs objection to tell him that he would have some remedy if a wrong by way of sale was done to him. A temporary



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