High CourtsDivision Bench(1891) 08 MAD CK 0004

Saravana vs Chinnammal

Madras High Court · Decided on 26 August 1891 · Citation: (1893) ILR (Mad) 65

HON’BLE JUDGES
Muttusami Ayyar, J · Handley, J

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Judgment

6 paragraphs · 129 words
1.

By the terms of the mortgage document, on failure of payment of interest at the stipulated time, plaintiff was entitled to possession of the

mortgaged property. Defendant alleged tender of the interest at the due date, but it is found that this allegation is false. On the findings, therefore,

plaintiff was, some months before suit, entitled to possession, and defendant did not put her in possession, but, on the contrary, denied her right to

possession on a false plea of tender of the interest. We think, therefore, that, under Clause (c) of Section 68 of the Transfer of Property Act,

plaintiff was entitled to sue for the mortgage amount, and the decree of the lower Court can be supported on this ground. The appeal is dismissed

with costs.