MUTHURAKKU MANIAGARAN Vs. RAKKAPPA MANIAGARAN

JUDGEMENT

(1.) This appeal, I think, must succeed, and I put my decision on Section 69 of the Contract Act.

(2.) The 2nd defendant bought subject to the whole mortgage and was bound by law to satisfy the mortgagee himself either by payment or by suffering a sale of that part of the mortgaged property which was sold to him. The fact that a portion of the property had the previous day been transferred to the plaintiff did not affect that obligation : the property purchased by the plaintiff was rightly or wrongly ordered to be sold under the decree, and the plaintiff, to save the sale, paid the whole of the mortgage money. He was, I think, interested in making the payment : and. the 2nd defendant was bound by law to pay : there seems to be nothing more required to attract the provisions of Section 69.

(3.) The District Judge recognises that Section 69 would apply to the case, but fails to see that the 2nd defendant was bound by law to pay the whole mortgage money and not only his proportionate part thereof.