REGENT COMPUTRONICS PVT. LTD.

SEETHALAKSHMI AMMAL Appellant

V/S

Srinivasa Naicker And Others Respondents

Referred Judgements :-

S. A. MOHD. GHOUSE V. SYED NOOR SAHEB [REFERRED TO]
BRAJ'A SUNDER V. SARAT KUMARI [REFERRED TO]
POSTIMAL V. RADHAKISHAN [REFERRED TO]
GOBINDA V. KAILAS [REFERRED TO]
VENKATARAMANAMURTHI V. SUNDARARAMIAH [REFERRED TO]
HARI V. TAPAI [REFERRED TO]
FATEHCBAND V. INDIAN COTTON CO. [REFERRED TO]
AMBALAL BAPUBHAI GUJARATI VS. NARAYAN TATYABA BHOSALE [REFERRED TO]
DEBENDRA NATH GIRI VS. SMTTRINAYANI DASI [REFERRED TO]
SHANKAR KONDAPPA SHAHGADKAR VS. GANPAT SHANKARSHET AGARKAR [REFERRED TO]
KASHI CHANDRA CHAKRAVARTI VS. PRIYANATH BAKSHI [REFERRED TO]
A K T K M NARAYANAN NAMBUDRIPAD VS. TAWKER JMEGAJI SEIT [REFERRED TO]
MT PREM KUER VS. RAM LAGAN RAI [REFERRED TO]
BHOLA NATH BANERJI VS. SARBAMANGALA DEBI W/O KUMAR DEBENDRA NATH ROY [REFERRED TO]
SETH GHASIRAM SETH DALCHAND PALLIWAL VS. MT. KUNDANBAI, W/O. RAMESHWAR SHUKUL [REFERRED TO]
MT. KAWTIKABAI VS. BACHRAJ JAMANLAL [REFERRED TO]
VENKAT RAO GANPAT RAO HARNE VS. ZUNKARI MARWADI [REFERRED TO]
VENKATACHALA PILLAI VS. M.R. RAJAGOPAL NAIDU AND ANR. [REFERRED TO]

JUDGEMENT

(1.) THIS is an appeal directed against the order and decree of the learned Subordinate Judge of Ramanathapuram at Madurai in E. P. No. 20 of 1954 in O. S. No. 29 of 1948.

(2.) THE facts are: The petitioner Seethalakshmi Animal had obtained a maintenance decree in a partition suit O. S. No. 29 of 1948, in regard to which a charge was created on certain items of the plaint A schedule. This Seethalakshmi Animal is seeking to bring these properties to sale and the question to be decided is whether a separate suit should be filed or whether the right can be enforced in execution.

(3.) A person according to this section is said to have a charge on the immovable property belonging to another when (1) such property is made security for the payment of money due by the latter, and (2) such transaction does not amount to a mortgage. A mortgage is defined in S. 58 of the Transfer of Property Act. A charge under S. 100 may be created either, by act of parties or by operation of law.

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SEETHALAKSHMI AMMAL Vs. SRINIVASA NAICKER AND OTHERS

Referred Judgements :-

JUDGEMENT

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