Madras High Court
Jamula Narayana Murthi And Ors. vs Nilambara Prudhvisinghi Santo And Ors. on 10 February, 1927
Equivalent citations: AIR1928MAD226, AIR 1928 MADRAS 226(1)
JUDGMENT
1. The mortgages are anomalous mortgages. The document provides for the contingency to happen if payment is not made at the expiry of the period. It states that in default of payment the mortgagee is to be in possession till the mortgage is discharged. We think the decree of the learned Judge is right and that plaintiff has no right to bring the property to sale. Ramayya v. Guruva [1891] 14 Mad. 232 has no application as under the terms of the document the mortgagee was to be in possession for interest only after the period fixed for sale. As regards the principal sum the document gave a right of suit. The appeal fails and is dismissed with costs.