RAJAGOPALA PANDARATHAR Vs. KTHIRUPATHI PILLAI

JUDGEMENT

(1.) The dispute turns upon the construction of the mortgage deed on which the suit was based. It has been conceded before us that the decree directs the sale of property described in the mortgage deed. The 1 defendant contends that his residence or the buildings constituting the palace are not included in the description contained in the decree, and cannot therefore be sold under it. On the other hand, the plaintiff argues that these buildings should not be excluded from the sale. To deal with these respective contentions it is necessary to have an accurate rendering of certain portions of the document which is in Tamil.

(2.) In the body of the document there is the following passage: We have mortgaged to you for Rs. 15,000 the village of Kovilur which is included within the four boundaries given below and which is attached to our Zamindari and which ancestrally belongs to us and is in our enjoyment....and which is capable of yielding an annual melvaram kists of Rs. 3,000. So far the description is general and no portion of the Zamindari is excluded.

(3.) At the foot of the document is given a complete discription of the mortgaged property. I give below a translation of what occurs at the close of the document: Description of property. The four boundaries of the village of Kovilur attached to Gandharvakota Zamin West of North of East of South of The village of Kovilur situate within these four boundary is: inclusive of Poromboke, Nanja 52 Velis 5 Mahs and 32 Ku lies: Punja 204 Velis 2 Mahs and 92 Kulies: the total of Nanja and Punja is 256 Velis 8 Mahs and 30 Kulies. Excluding the lands sold by auction up to date in respect of the maintenance of my mother, the. remaining lands and all the rights and privileges I possess in the waste lands, poromboke and other lands attached thereto, all kinds of trees, topes, wells, ponds, tank-bunds, fruit trees, wood trees, foot paths, elevated and low portions etc., be they a little more or a little less have been given as security.