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