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

1927 Supreme(Mad) 274

(Kaniyur) Ganapathi Bhatta – Appellant
Versus
Beeru Bhandary – Respondent


JUDGMENT

1. The plaintiffs suit is for the redemption of a usufructuary mortgage executed by two brothers, Kesava and Krishna, on 2nd February 1883 for Rs. 5000. The plaintiff has purchased the equity of redemption from Kesava. The defendants have purchased from Krishna his share of the equity of redemption in the suit properties. The District Judge has given a decree to the plaintiff for the redemption of half the property and has allowed the defendant to consolidate the mortgage with a simple mortgage by Kesava. The plaintiff has preferred this second appeal.

2. The first point raised by Mr. Sitarama Rao for the appellant is that the District Judge should have allowed redemption of the whole of the property as a partial redemption is opposed to the provisions of the Transfer of Property Act. The finding is that the defendants have acquired the interest of Krishna in the equity of redemption. This finding is challenged by Mr. Sitarama Rao on the ground that defendants 1 to 3 have acquired the equity of redemption in respect of one of the properties and defendants 4 to 6 have acquired the equity of redemption in respect of the other item. The mortgage was with regard to two items of










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