K G ETHIRAJALU CHETTY Vs. APRAJAGOPALACHARI

JUDGEMENT

(1.) This is an application for the appointment of Receiver by the plaintiff who has filed the suit on a registered deed of mortgage, dated the 15 of February, 1926, for Rs. 23,238-3-5 re payable with interest at 12 per cent, per annum alleged to have been created by the 1st defendant and his deceased brother for the recovery of Rs. 31,190-3-3 with costs and further interest.

(2.) The affidavit in support of the application states that the properties yield a rent of Rs. 145 a month while the monthly interest accruing due is Rs. 300, that the defendants arc not paying the interest which they are bound to pay under the deed of mortgage but are enjoying the rents of the properties themselves, that the value of the properties has considerably diminished and it is not possible to recover the amount by a sale of the properties, that a very large sum is due for interest alone and that it is necessary, that a Receiver should be appointed for the purpose of receiving the rents and paying them over to the plaintiff so that ho may not incur further loss.

(3.) The 4 and 5 defendants are the minor sons of the deceased executant of the mortgage, and they oppose the application. They deny that the mortgage is binding on them and that the value of the properties has diminished or that there is any fear of the plaintiff not being able to recover the amount due. They state that the plaintiff cannot have in law a Receiver appointed as he Is only a simple mortgagee and that this application is virtually one for getting possession which he is not entitled to under the mortgage.