VENKATA NARASIMHA RAJU GARU Vs. KUPPU CHETTI

JUDGEMENT

(1.) The question argued in this second appeal relates to the application of Section 125 of the Madras Estates Land Act read with Section 72 of the Transfer of Property Act to sums paid by a usufructuary mortgagee after the passing of the former Act to preserve the mortgaged property from sale in execution of a simple money decree.

(2.) At a sale for arrears of rent under the Madras Estates Land Act, Section 125 saves the rights created by the ryot in favour of third persons if he has obtained the landholder's permission in writing registered for them, and also saves encumbrances created before the Act.

(3.) Lavanna Chetti's mortgage being one of 1906 was in existence before the Act was passed, but the payments made by the mortgagee to save the property from sale in a Civil Court were made in December 1908 after the passing of the Act in June 1908.