RAJAGOPALA PANDURATHAR Vs. KTHIRUPATHIA 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 the property described in the mortgage-deed. The first 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 the 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 Kovillur which is included in the four boundaries given below and which is attached to our zemindari and which ancestrally belongs to us and is in our enjoyment...and which is capable of yielding an annual Melwaram kist of Rs. 3,000." So far the description is general and no portion of the zemindari is excluded.

(3.) At the foot of the document is given a complete description 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 Ghandharvakota West of.... North of.... East of.... South of.... The village of Kovilur situate within these four boundaries is inclusive of poramboke, Nanja 52 Velis 5 Mahs and 33 Kulis Ptmja 204 Velis 2 Mahs and 98 Kulis. The total of Nanja and Punja is 256 Velis 8 Mahs and 30 Kulis.