IN RE R GUNDU RAO Vs. STATE

JUDGEMENT

(1.) The point for determination which arises on the office note is whether a single appeal can be filed against the decrees in two suits.

(2.) The facts are the appellant herein as plaintiff filed O. S. No. 1714 of 1955 on the file of the City Civil Court, Madras, for recovery of possession of the suit property which he had purchased in a private sale held by the Nungambakkam S. D. R. Nidhi Ltd.. mortgagee thereof, in pursuance of the power conferred under S. 69 of the Transfer of Property Act, for an injunction restraining the defendant-mortgagor from committing waste and for mesne profits. The Nidhi (mortgagee) was not impleaded as party in that suit. The defendant therein, in her turn, filed a suit against the plaintiff in the above suit O. S. No. 1714 of 1955 and the mortgagee-Nidhi for a declaration that no title had passed to the purchaser and for directions to the defendants to render accounts or alternatively for recovery of Rs. 9000 from the mortgagee-Nidhi (1st defendant therein).

(3.) The advocate did not agree and requested that the matter might be posted before court. The learned advocate relies upon the two decisions in Panchanada Velan v. Vaithinatha Sastrial, ILR 29 Mad 333 and in Narayanaswami Aiyar v. Sevadappa Goundar, 1942 AIR(Mad) 226, for his contention that two separate appeals are not necessary.