MAHALINGA NADAR Vs. GANAPATI SUBBIEN

JUDGEMENT

(1.) There can be no question but that the plaintiff is entitled to sue for the sale of the property pledged to him, notwithstanding that he is also entitled under Section 176, Indian Contract Act, to sell the property without reference to the Court.

(2.) It is obvious that a right to sue for the sale of the property exists even in the absence of a right to sue for a personal decree against the debtor for the money lent. It would be clearly so if it had been agreed between the parties that no personal liability for the debt was to accompany the pledge of the jewels.

(3.) It would follow therefore that in a case where both rights exist they are concurrent rights and the right to proceed against the property pledged is not merely accessory to the right to proceed against the debtor personally.