KRISHNASWAMI AIYANGAR Vs. SRINIVASA AIYANGAR

JUDGEMENT

(1.) Accepting the findings we must reverse the decree of the District Judge, and in lieu thereof, it is declared that the 3 and 4 defendants have no interest in the mortgaged properties. It is further declared that the whole of the mortgaged property in its entirety (consisting of the shares of the 1 and 2nd defendants) is liable for the sum of Rs. 1,335-7-7. It is further declared that so much of the mortgaged property as consists of the 2nd defendant's share therein is liable in addition for a further sum of Rs. 568-8-5, being the difference between the amount found in this suit to be due from the 1 defendant on the said mortgage and the amount found to be due on the said mortgage in Suit No. 427 of 1889.

(2.) The appellants (plaintiffs ) costs throughout must be paid by the 2nd defendant. The 3rd and 4 defendants must pay to the 2nd defendant the costs of the trial of the issues sent down by this Court.

(3.) The memorandum of objections is dismissed with costs.