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1940 Supreme(Mad) 315

PATANJALI SASTRI
Vasudevan Nambudri – Appellant
Versus
Raman Nambudri – Respondent


JUDGMENT

Patanjali Sastri, J.

1. The question that falls to be decided in this Civil Revision Petition is whether Section 15 of the Madras Agriculturists Relief Act is applicable to the surplus reserved as. payable to the mortgagor under a possessory mortgage after appropriating part of the usufruct in lieu of interest due on the mortgage money. The petitioners predecessor-in-interest held the lands here in question on a kanom granted by the respondent on May 25, 1911, for Rs. 1,137-2-4. In consideration of a further advance of Rs. 862-13-8 making up a total of Rs. 2,000 the respon,detit executed on August 17, 1925, the deed (Ex. A) styled Kaivasam panayam (possessory mortgage) under which the mortgagee was to appropriate, out of anestimated yield of 430 paras of paddy, 200, paras in lieu of interest on the mortgage money, pay 60 paras for assessment on the property and then pay the balance of 230 paras to the respondent as panaya purappad in two instalments during the harvest season. The document further provided that if the panaya purappad and assessment were allowed to fall into arrears, such arrears together with interest at the rate fixed should be applied in payment of the mort






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