RAMAKRISHNAN UNNITHAN Vs. RAMAN PILLAI

JUDGEMENT

(1.) The only point for decision in this Civil Revision Petition is whether a mortgagee lessor is entitled to sue for rent after Act 31 of 1958 came into force. The property in respect of which the plaintiff petitioner sought to recover rent was mortgaged by the defendants to the plaintiffs predecessor in interest and taken back on lease. The court below held that as a result of sub-s.(6) of S.11 of Act 31 of 1958, the mortgage and lease arrangement became transmuted into a simple mortgage and that the mortgagee could sue only for the mortgage money and interest. The suit was accordingly dismissed. The plaintiff has therefore preferred this Civil Revision Petition.

(2.) The learned Munsiff observes in Para.5 of the judgment:

(3.) The Civil Revision Petition fails and is dismissed, but in the circumstances, I make no order as to costs.