PALANIANDY CHETTY Vs. VERAMALAI ASARI

JUDGEMENT

(1.) The Subordinate Judge has found that the bond was executed by Kandasami and that is genuine, and the 1 and 2nd defendants in their written statement admit that Kandasami did execute a bond to the plaintiff.

(2.) The only question now remaining is as to the correctness of the Subordinate Judge's judgment in holding that the plaintiff cannot succeed inasmuch as the mortgagor had died before the suit was brought. This is clearly wrong as is pointed out in Ayyagari Venkataramayya V/s. Ayyagari Ramayya I.L.R., 25 M., page 690 at p. 708.

(3.) I, therefore, reverse the decree of the Subordinate Judge and give judgment for the plaintiff against the share of the deceased mortgagor. The plaintiff is entitled to a mortgage decree for Rs. 88-4-0 with costs throughout and interest thereon at six per cent, per annum till payment against the share of the deceased mortgagor in the hands of the defendants.