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1926 Supreme(Mad) 696

DEVADOSS
Venkataramani Ayyar – Appellant
Versus
Rangaswami Chetty – Respondent


JUDGMENT

Devadoss, J.

1. The plaintiff effected a mortgage of his property in favour of the 1st defendant and the father of Defendants 2 and 3. The 4th defendant, who got a transfer of the mortgage, and his brother mortgaged their properties, along with the mortgagee right over the plaintiff s property, to the 5th defendant. Plaintiff has brought this suit for redemption and the first Court granted a decree for redemption against all the defendants. On appeal the Subordinate Judge exonerated the 5th defendant and granted a decree for redemption against the 4th defendant. The plaintiff has preferred this second appeal.

2. It is contended by Mr. Narasimbachari for the appellant that the decree against the 4th defendant alone is not correct, and that he is entitled to a decree against the 5th defendant who has got only an encumbrances right over the mortgage right of the 4th defendant.

3. In a redemption suit the mortgagor is entitled to make, not only the mortgagee, but all the persons who have derived title from the mortgagee, as parties to his action and the Court is not debarred from granting relief to the mortgagor against the mortgagee as well as the persons who have derived title f






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