MOTAVENGATTIL KRISHNA PANIKKAR Vs. KEZATATH KRISHNA MENON

JUDGEMENT

(1.) The application of the mortgagee (appellant-defendant)is, in substance, not for compelling the mortgagor, (respondent-plaintiff) to take delivery of. the mortgaged property from the appellant but for the issue of a cheque in favour of the appellant for the amount deposited in Court, by the respondent.

(2.) The money was paid into Court by the respondent expressly in order that the appellant, who was entitled under the decree to have the property sold in default of such payment, might not bring it to sale and might draw the amount from Court. The money became the money of the appellant as soon as it was so deposited and the plaintiff cannot be heard to object to the appellant receiving a cheque to draw that money from the Court.

(3.) The lower Court s order is set aside and the Munsif s order restored with costs on the respondent (plaintiff) in all Courts.