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1 - 2 of 2 (0.27 seconds)Kesavanchari Gopalakrishnan Achari vs Velu Achari Pappukutty Achari And Ors on 17 January, 1996
defendant was only a release of the mortgage
right subsisting over the property over which
the appellant, as the legal heir of Bhavani, on
her death, had already obtained jenmom right to
redeem the property. So much so, in such
release deed, Bhargavi, the mother of the
plaintiff and the 2nd defendant, had been made
parties would not confer on Bhargavi any right
over the property as she was a stranger having
no right over such property, is the challenge
raised. The learned counsel placed reliance on
Kesavanachi Gopalakrishnan Achari v. Velu Achari
Pappukutty Achari {1997(1) Civil LJ 172} to
contend that a stranger obtaining release from a
mortgagee would not get assignment of
mortgagee's interest and in fact by the release,
there is an extinguishment of the mortgage
right. A stranger, who had volunteered to pay
the mortgage debt and obtained a release from
S.A.No.491 of 1999
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