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The Bahrein Petroleum Co. Ltd vs P. J. Pappu And Another on 16 August, 1965

802,1819-822., 523 Nath(1), Behrein Petroleum Co. Ltd., v. P. J. Pappu (2) , Zamindar of Etiyapuram v. Chidambaram Chetty(1). As to the 4th question we find that the immoveable properties have been sold in execution of a decree ordering sale for the discharge of the encumbrance thereon in favour of the appellant. Section 73(1) proviso (c) therefore applies and the proceeds of sale after defraying the expenses of the sale must be applied in the first instance in discharging the amount due to the appellant. Only the balance left after discharging this amount can be dis- tributed amongst the respondents. It follows that the High Court was in error in holding that the respondents were entitled to rateable distribution of the assets along with the appellant.
Supreme Court of India Cites 11 - Cited by 94 - R S Bachawat - Full Document

Raja Jaga Veera Rama Venkateswara ... vs Chidambaram Chetty And Ors. on 12 April, 1920

802,1819-822., 523 Nath(1), Behrein Petroleum Co. Ltd., v. P. J. Pappu (2) , Zamindar of Etiyapuram v. Chidambaram Chetty(1). As to the 4th question we find that the immoveable properties have been sold in execution of a decree ordering sale for the discharge of the encumbrance thereon in favour of the appellant. Section 73(1) proviso (c) therefore applies and the proceeds of sale after defraying the expenses of the sale must be applied in the first instance in discharging the amount due to the appellant. Only the balance left after discharging this amount can be dis- tributed amongst the respondents. It follows that the High Court was in error in holding that the respondents were entitled to rateable distribution of the assets along with the appellant.
Madras High Court Cites 13 - Cited by 43 - Full Document
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