KRISHNASWAMI PILLAI Vs. JANAKALAXMI AMMAL

JUDGEMENT

(1.) 1 defendant is the appellant in this Second Appeal. The suit was one for contribution against Defendants 1 and 2. Three properties which we may call A, B and C were owned by one Sundara Reddi who, on 28 November, 1918, mortgaged them to one Visvanatha Reddi. Sundara Reddi sold property B on 1st December, 1919 and Plaintiff ultimately purchased it.

(2.) Sundara Reddi was adjudged insolvent and 1 defendant purchased property A from the Official Receiver. Subsequent to the purchase of property A by 1st defendant a suit was filed on 4 December, 1923, by the legal representatives of the mortgagee. In that suit Plaintiff was 5 defendant and the present appellant was 2nd defendant.

(3.) A preliminary decree was obtained which fell to the share of one of the mortgagee's legal representatives. He got a final decree and brought all the mortgaged properties to sale. The properties were sold and Plaintiff paid off the entire mortgage amount and got the sale set aside. This suit was brought by him for contribution to the extent to which the other sharers are liable. The trial Court gave him a decree which was confirmed by the lower appellate Court. 1 defendant prefers this second appeal. Two grounds are taken on appeal.