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1915 Supreme(Mad) 241

S.AIYAR, K.SASTRI
Lodd Govinda Doss Krishna Doss – Appellant
Versus
The Rajah Of Karvetnagar Minor By – Respondent


JUDGMENT

1. These appeals are from an application to execute a mortgage decree. The decree was passed in favour of the appellants father on the 29th of September 1903. The suit itself was instituted in 1901. At the time of the institution of the suit, the Court of Wards was in charge of the estate a portion of which was mortgaged to the appellants father. The possession of the Court commenced in 1900 and was relinquished in or about September 1905. The appellant took possession of the village thereafter. There is a dispute as to the exact date when be assumed management. He presented his application for an order absolute and for the sale of the mortgaged properties in December 1905. That order has not been exhibited in these proceedings. The District Judge says: "Before the order for sale was passed, it was not, however, ascertained what the balance of the mortgage-debt outstanding at the time of the application was, nor was the order absolute made for the realisation of any-specific amount." This statement of the Court below has not been contested before us. On the 2nd of September 1909, the District Judge granted a prayer for execution and called for an affidavit, a draft proclama








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