MUTTAYAN CHETTIAR Vs. SANGILI VIRA PANDIA CHINNATAMBIAR

JUDGEMENT

(1.) THE Appellant in this appeal was the Plaintiff, and the Re-spondent the Defendant, in a suit, No. 13 of 1875, brought in the District Court of Tinnevelhj. It appears that in an original suit, No. 8 of 1867, brought in the District Court of Tinnevelhj, the late zemindar of Sivagiri, the father of the Defendant, put in. a razinama, dated the 20th of January, 1868, whereby he acknowledged the sum of Rs. 55,872. 12a. to be due, and agreed that the amount should be paid on the 31st of December, 1872, together with interest at one per cent, per mensem, by the instalments mentioned therein, and he thereby hypothecated certain lands therein specified, being part of the zemindary, as a security for the payment of the principal and interest.

(2.) ON the 4th September, 1868, a decree was passed in accordance with the razinama. The money not having been paid according to the stipulations the property hypothecated was attached, in the lifetime of the late zemindar, for instalments Nos. 1 to 9 mentioned in the razinama. The Plaintiff Appellant, in his plaint in the suit now under appeal, alleged that the whole zemindary was on several occasions attached by other creditors, and that subsequently to the death of the late zemindar, the Plaintiff again attached the hypothecated property on the 23rd of February, 1874, for the tenth instalment of the razinama decree; that the District Court advertised that all the property in the zemindary would be sold in a lot on account of all the creditors; that the Plaintiff presented a petition to the said district Court praying for a separate sale of the hypothecated property mentioned in the decree, or for the sale of the whole zemindary subject to his hypothecation lien; that the Court dismissed the said petition, on the 23rd of February, 1874, without any inquiry; that subsequently, on the 25th of February, 1874, the right, title, and interest of the late zemindar in the whole of the zemindary was sold by auction and purchased by Subramania Mudahar of Tinnevelly; that the Defendant presented a petition praying for the release of the attachment made by the Plaintiff for the last instalment, and that on the said petition an order was passed by the Court, on the 18th of April, 1874, to the effect that the attachment ceased with the sale of the zemindary. The Plaintiff further alleged that by reason of the objections and measures taken by the Defendant the judgment debt remained, unpaid, and that the Plaintiff had thereby sustained heavy loss.

(3.) IN the particulars given, the sum of Rs. 88,062. 12a. was made up of Rs. 79,574. 13a. for principal, and Rs. 8487. 9a. for interest due under the decree according to the terms of the razinama.