High Courts(1904) 09 MAD CK 0004

Lakshmamma vs Krishniah

Madras High Court · Decided on 30 September 1904 · Citation: (1904) 14 MLJ 490

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Judgment

4 paragraphs · 101 words
1.

We are clearly of opinion that the suit as brought will not lie neither as a suit for possession nor as a suit for the recovery of the money The

plaintiff is not entitled to possession, for the property was not mortgaged to him and he is not entitled to another decree for the recovery of the

money as he has already got one. We must, therefore, reverse the order of the District Judge remanding the suit for trial and restore that of the

District Munsif dismissing the suit with the defendant's costs in this and in the District Court.