LAWS(PVC)-1903-2-3

EDAMANNA Vs. KANNAN NAYAR AND MANYA UMMA

Decided On February 27, 1903
EDAMANNA Appellant
V/S
KANNAN NAYAR AND MANYA UMMA Respondents

JUDGEMENT

(1.) We are of opinion that the answer to the question referred must be that one of two co- uralans may bring a suit to redeem a mortgage without averring or proving that the other uralan was asked to join as plaintiff in the suit.

(2.) It would be impossible to hold otherwise in the face of Secs.91 and 85 of the Transfer of Property Act.

(3.) These sections were apparently not considered when I.L.R. 24 M. 296 was decided.