Madras High Court
Sadasivayyar vs Muttu Sabapathi Chetti on 28 April, 1881
Equivalent citations: (1882)ILR 5MAD106
JUDGMENT Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.
1. We are unable to agree with the Judge that under the circumstance the sale made in pursuance of the order contained in the decree' should not be set aside when on appeal that order was reversed.
2. The purchaser was no other than the plaintiff in the suit who, averring that the interests of appellant, the second defendant, were bound by a mortgage executed by his brother, sued to enforce the lien, and, although he obtained a decree in the Court of First Instance and caused the sale to be carried out, he was aware that the appeal had been instituted and purchased subject to the result, the reversal of the order for sale.
3. The order of the Lower Appellate Court is reversed and that of the Court of First Instance restored with costs in all Courts.