Taluk Board, Chidambaram and Others vs Varadesesha Iyengar and Another

Madhvan Nair, J.—The decision in Venugopalachariar v. Padmanabha Rao (1916) 3 AIR Mad 763 supports the appellant''s case that personal decree for costs cannot be passed against a person who is a non-mortgagor in a suit by the mortgagee, but in Ramakrishna Ayyar Vs. Raghunatha Ayyar and Another, it was held that such a decree can be passed. In Marudachala Nadar Vs. Chinna Muthu Nadar and Another, , Venugopalachariar v. Padmanabha Rao (1916) 3 AIR Mad 763 was considered and explained by the learned Judges. Though the circumstances were somewhat different, the learned Judges held that a decree for costs personally against the non-mortgagor can be passed on a mortgage action. In Subramania Ayyar Vs. Swaminatha Ayyar, the proposition is stated to be an undoubted one, though there is no discussion of the point. I am inclined to agree with the decision subsequent to Venugopalachariar v. Padmanabha Rao (1916) 3 AIR Mad 763 which held that the Courts have a discretion to pass a personal decree against a non-mortgagor.

In the present case, the learned Judge has given reasons for passing the decree. The appeal fails and is dismissed with costs.