ERAVI VASUDEVAN NAMBOODIRIPAD Vs. ALIASAN

JUDGEMENT

(1.) Heard both sides. Though the Michavarom to the Jenmi is declared to be a first charge on the property it is necessary to implead all persons interested in that property before the date of suit to enforce that charge. Nowhere in the Jenmi and Kudiyan Act is it stated, as is done in the Revenue Recovery Act that without the interested persons on record the property could be sold free of all charges. In this case the obstructor had obtained a mortgage with possession before the suit was filed. Though the Jenmi could claim priority over the obstructor in respect of his dues, he could not enforce it in an action without the obstructor on record. The order of the lower court allowing the obstruction petition is correct and this petition is dismissed with costs.