T MADHAVAN CHETTY Vs. PUTHANOOR BHASKARAN CHETTY

JUDGEMENT

(1.) The only point for determination in this Second Appeal is as to whether a clause in a deed of mortgage, for redemption before the mortgage money has become due, is enforceable, and a suit will lie before the right of the mortgagee to enforce the mortgage has accrued.

(2.) The Trial Court decreed the suit relying on the terms of the mortgage deed Ext. A1 in this case, providing for redemption even before the mortgage money has become due

(3.) The lower appellate court has reversed the decision of the Trial Court and has dismissed the suit holding that the mortgagor's right of redemption is co-extensive with the mortgagee's right to demand the mortgage money and the suit for redemption before the mortgage money has become due, is premature. It is against this that the plaintiff has come up in Second Appeal.