ANDHRA PRADESH HIGH COURT
Y. Bhaskara Rao, J
Hindustan Ideal Insurance Co. Ltd. v. Perla Satteyya Chetty
| Table of Content |
|---|
| 1. facts regarding the mortgage and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. arguments about the binding nature of the mortgage on minor sons. (Para 5 , 6 , 8 , 9) |
| 3. court's view on the applicability of estoppel and property rights. (Para 10 , 12 , 18 , 19 , 21) |
| 4. binds minor sons if debts incurred were for business purposes. (Para 30 , 41) |
1. The plaintiff has appealed against the judgment of the Court of the Subordinate Judge, Visakhapatnam, in O. S. No. 29 of 1955, by which the mortgage, which the plaintiff was enforcing, was held to be not binding on the minor sons of the mortgagor and consequently restricting the plaintiff - mortgagee's right to proceed against the mortgagor's share in the hypothecated properties. The cross - objections relate to the costs of the 2nd defendant - alienee who contested the suit, the 1st defendant being the mortgagor himself.
2. The facts are these - A simple mortgage. Ex. A - 1 was executed by Perla Satteya Chetty in favour of the Hindustan Ideal Insurance Co., Ltd., on 18-2-1950 for Rs. 30,000/-. The items hypothecated were a house in Visakhapatnam, a house in Vizianagram and two policies of life insurance taken by the mortgagor o
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