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1915 Supreme(Mad) 559

S.AIYAR, NAPIER
Ranga Aiyangar – Appellant
Versus
Narayana Chariar Alias – Respondent


JUDGMENT

Sadasiva Aiyar, J.

1. The plaintiffs are the appellants. The first plaintiffs father, Sreenivasa Aiyangar, mortgaged the plaint properties with possession to the defendants ancestor, Sreenivasa Chariar in 1864. The othi deed contained also a covenant by the mortgagor to pay the mortgage-money personally. The defendants ancestor brought a suit against Sreenivasa Aiyangars sons in 1867 for recovery of the othi amount of Rs. 136 on the charge of the mortgaged property. (The plaint itself was not filed in the records but the suit might be taken as having contained the usual prayers for sale on default and for recovery of the balance, if any, from the defendants therein to the extent of their ancestral properties.) In April 1872, the decree, Exhibit A, was passed, of which the operative portion is as follows: The plaintiffs obtain from the defendants the suit amount and all the costs of the suit, that the othi property be sold in order to satisfy the decree in case the decree amount be not paid within six months from this day, that the plaintiff is entitled to obtain interest on costs at 12 per cent. per annum from this day and that the defendants are entitled to obtain possessio









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