Palaniandy Chetty vs Veramalai Asari and Others

Boddam, J.—The Subordinate Judge has found that the bond was executed by Kandasami and that is genuine, and the 1st and 2nd

defendants in their written statement admit that Kandasami did execute a bond to the plaintiff.

The only question now remaining is as to the correctness of the Subordinate Judge''s judgment in holding that the plaintiff cannot succeed

inasmuch as the mortgagor had died before the suit was brought. This is clearly wrong as is pointed out in Ayyagari Venkataramayya v. Ayyagari

Ramayya ILR 25 M. 690.

I, therefore, reverse the decree of the Subordinate Judge and give judgment for the plaintiff against the share of the deceased mortgagor. The

plaintiff is entitled to a mortgage decree for Rs. 88-4-0 with costs throughout and interest thereon at six per cent, per annum till payment against the

share of the deceased mortgagor in the hands of the defendants.

The time fixed for payment is six months from the date of the order.