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1884 Supreme(Mad) 7
IN THE HIGH COURT OF MARAS
C A Turner, Kt., Kindersley
The Sivagiri Zamindar
Versus
Tiruvengada And Anr.
Decided On : 29 January, 1884
The informal decree directing the sale of hypothecated property can be as effectual as a money decree followed by an attachment and order for sale, and can be executed against the representatives of the deceased father.
Headnote:
informal decree - promissory note - The court discussed the informal decree directing the sale of hypothecated property and its effectiveness in comparison to a money decree followed by an attachment and order for sale. The court emphasized the capability of execution against the representatives of the deceased father.
Fact of the Case:
The suit was brought against the late zamindar on a promissory note and was determined by a compromise, resulting in a decree for the debt to be paid and recovered by the issue of a warrant from specific land.
Finding of the Court:
The court found that the informal decree directing the sale of the hypothecated property, passed in the zamindar's lifetime, was as effectual as a money decree followed by an attachment and order for sale, and could be executed against the representatives of the deceased father.
Issues: The main issue was the effectiveness of the informal decree in directing the sale of the hypothecated property and its capability of execution against the representatives of the deceased father.
Ratio Decidendi: The court emphasized that the informal decree was as effectual as a money decree followed by an attachment and order for sale, and could be executed against the representatives of the deceased father.
Final Decision: The appeal was dismissed with costs.
Charles A. Turner, Kt., C.J.
1. The suit was brought against the late zamindar on a promissory note and was determined by a compromise, whereby it was agreed that the debt should be paid as therein mentioned, and that if default be made the amount should be recovered by the issue of a warrant from 60 kottais (97 1/5 acres) of wet land in the Kasba village of Sivagiri and other property of the defendant. A decree was passed in these terms.
2. This decree was an informal decree, directing a sale of the hypothecated property, and as that decree was passed in the zamindars lifetime, it cannot be less effectual than a money decree followed by an attachment and order for sale, which has been held by the Privy Council to be capable of execution against sons as the representatives of their deceased father.
3. This appeal is dismissed with costs.
