SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1922 Supreme(Mad) 198

K.SASTRI
Visvanathan Chetty – Appellant
Versus
S. Ethirajulu Chetty – Respondent


JUDGMENT

Kumaraswamy Sastri, J.

1. This (Civil Suit No. 20 of 1921) is a suit by the plaintiff for the enforcement of pre-emption alleged to be conferred on him by two deeds of mortgage, dated 27th November, 1915 for Rs. 2,500 and 25th April 1914, for Rs. 3,000 executed by the first defendant in favour of the plaintiff who was then a minor and represented by his father and natural guardian, Kumar-swami Chetti. The second and third defendants are impleaded as alienees of the mortgaged property with notice. The case(Sic)ror the plaintiff is, that the first defendant executed the two deeds of mortgage in favour of the plaintiff, then a minor, that the first deed of mortgage contained the following covenant:--"that the mortgagor will not, during the continuance of the security, in any way or manner, deal with the scheduled property or any portion thereof either by way of sale, mortgage, charge, lease or otherwise without obtaining the previous consent in writing of the mortgagee painting and authorizing the mortgagor to do so and that the mortgagee shall have the right of pre-emption in respect of the scheduled property" The Second deed of mortgage stated that all the terms and condition
























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top