Madras High Court
Chullile Peetikayil Nammad vs E. Othenam Nambiar E. Cheela on 30 April, 1914
Equivalent citations: (1914)27MLJ239, AIR 1915 MADRAS 551
JUDGMENT
1. We are not prepared to differ from the decision, in Nataraja Aiyar v. The South Indian Bank, Limited (1911) I.L.R. 37 B. 51 S.C. 22 M.L.J. 105 where all the authorities are considered, and are of opinion that the fact of the mortgagee being in possession actual or constructive of the mortgaged property makes no difference. The answer to the first question is in the affirmative.