GANESHI LAL Vs. THAKUR CHARAN SINGH

JUDGEMENT

(1.) This is an appeal from a judgment of the High Court of Judicature of Allahabad which reversed a judgment and decree of the Subordinate Judge of Aligarh.

(2.) In the suit the respondents, before their Lordships' Board, being the representatives of the purchaser of one property (which may be called K) sued for contribution from the appellants, the purchasers of a second property (which may be called M), on the ground that the purchaser of K had paid off a mortgage which covered both properties.

(3.) Now the section of the Transfer of Property Act which deals with the right of contribution is S.82, and it is in these terms : "Where several properties, whether of one or of several owners, are mortgaged to secure one debt, such properties are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage after deducting from the value of each property the amount of any other encumbrance to which it is subject at the date of the mortgage."