VASUDEVA MUDALIAR Vs. KSSRINIVASA PILLAI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Madras, dated the 13th March 1905, modifying those of the Subordinate Judge of Negapatam, of the 17 February 1902.

(2.) The controversy arises out of a mortgage executed on the 22 September, 1883, by the first and third appellants in favour of Krishna Mudaliar Avergal, to secure Rs. 8,000 and interest as stipulated. The mortgage was of the kind long known as a mortgage bond or hypothecation bond and now described in the Transfer of Property Act as a simple mortgage.

(3.) In the course of a partition suit, relating to the estate of the mortgagee, the first respondent was appointed receiver of that estate and as such he instituted the present suit, joining as defendants the two actual mortgagors and their respective sons which four persons are now the appellants. The object of the suit, so far as it need now be noticed, was to enforce payment of the amount due under the mortgage, by sale of the mortgaged property.