High CourtsDivision Bench(1924) 09 MAD CK 0002

Tadepalli Subba Rao vs Motamari Lakshminarayana and Another

Madras High Court · Decided on 30 September 1924 · Citation: AIR 1925 Mad 1214 : 92 Ind. Cas. 593 : (1925) 22 LW 389

HON’BLE JUDGES
Ramesam, J · Jackson, J

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Judgment

4 paragraphs · 87 words
1.

Assuming an appeal lies which is doubtful, we cannot interfere with the order of the Court below. The mortgagee is entitled to bring the

properties to sale in any order he chooses. We cannot scrutinise his motives and even on the allegation of the appellant, there is nothing improper in

those motives. The mortgagee cannot be in a worse position as to his rights because one of the mortgagor''s properties has been purchased by

some other person. The appeal is dismissed with costs of first respondent.