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1930 Supreme(Mad) 222

S.CHETTY
Pichaiyappa Chetti And Anr. – Appellant
Versus
Govindaraju Mudaly And Ors. – Respondent


JUDGMENT

Sundaram Chetty, J.

1. This is a second appeal preferred by defendant 1 (on whose death during the pendency of this appeal, his legal representative was added as appellant 2) and arises out of a suit brought by the plaintiff-respondent 1 for the recovery of a sum of money alleged to be due under Ex. B, a registered mortgage-deed dated 20th May 1912 and executed by defendant 2s late husband Kuppuswami Naidu in favour of defendant 3 for Rs. 790. Both the lower Courts have given a decree in plaintiffs favour for the recovery of the amount claimed by sale of the mortgaged properties.

2. In order to show how this plaintiff sues to recover the sum due under the mortgage-deed Ex. B, which was executed not in his favour, but in favour of defendant 3, the plaint alleges that after the death of the mortgagor (Kuppuswami Naidu), his widow, defendant 2, sold the suit properties to plaintiff under the sale deed dated 7th July 1920 (Ex. A) for Rs. 1,470 for the purpose of discharging the mortgage-debt due to defendant 3 under Ex. B, that the plaintiff and defendant 2 have paid the mortgage-amount to defendant 3, and that in these circumstances, the rights under the mortgage-deed Ex. B, hav
















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