MADHAVAN NAIR
Sri Rajah Rao Venkatakumara Mahipathi Surya Rao Bahadur Garu, the Maharaja of Pittapuram – Appellant
Versus
Gokuldoss Goverdhanadoss – Respondent
Madhavan Nair, J.
1. These two applications relate to the same subject-matter, that is, a sum of Rs. 6,218-14-3 standing to the credit of C.S. No. 229 of 1924 and representing the income from the mortgaged properties involved in that suit other than Misquith Buildings and Cathedral Gardens. In the one, the receiver is asked to deposit the amount in Court and in the other, that is, Application No. 244 of 1931, a request is made that the same sum may be paid over to the plaintiff in the suit, the Maharaja of Pittapuram, who is the petitioner in both the applications. The Official Assignee of Madras and the plaintiff in C. S. No. 622 of 1923 oppose these applications.
2. The facts necessary for the disposal of these applications may be stated very briefly as follows : One Gokuldoss, manager of a joint Hindu family, trading under the style of Murlidoss Ramdoss & Co., effected on behalf of the firm an equitable mortgage by depositing title-deeds of ten items of properties with the petitioner, the Maharaja of Pittapuram, and borrowed from him a sum of Rs. 3,85,000 in the year 1922. For the recovery of the principal and interets due under this mortgage the Maharaja filed a suit C.S.
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