DODDAPPA TIPPANNA Vs. SOMAPPA NINGAPPA

JUDGEMENT

(1.) The mortgage to the plaintiff was in 1896, and thereby Ningappa, his mortgagor, purported to mortgage in the plaintiff's favour the entirety of Survey Nos. 153, 156 and 299 and a house.

(2.) In fact Ningappa, the mortgagor, was not exclusively entitled to those pieces of land. He was merely jointly interested in them with his brother Tippanna. Therefore all that the mortgagee took was his mortgagor's interest in those pieces of land and house.

(3.) In 1897 a partition suit was commenced with the result that a consent decree was passed under which Survey No. 156 a moiety of 199 and the whole of the house were allotted to Ningappa's branch of the family, and Survey No. 153, and the other moiety of 199 to the brother's branch. The mortgagee the present plaintiff, was not a party to those proceedings and he was not bound by the result thereof.