Q. What are the equivalent citations for Subbaraya Chetty vs Nachiar Ammal ?

The equivalence citation are1918 MWN 199 ; 44 IND. CAS. 863 ; AIR 1918 MAD 143 1 ; LQ/MadHC/1917/391 ;

Subbaraya Chetty Vs. Nachiar Ammal On 20 December, 1917

Q: Q. What was the bench assigned for the case Subbaraya Chetty vs Nachiar Ammal?

HONBLE MR. JUSTICE SESHAGIRI AIYAR , HONBLE MR. JUSTICE KUMARASWAMI SASTRI

iDraf

Issue

Open iDraf

Subbaraya Chetty v. Nachiar Ammal

Subbaraya Chetty
v.
Nachiar Ammal

(High Court Of Judicature At Madras)

Second Appeal No. 171 Of 1917 | 20-12-1917

[1] On the finding of the District Judge it is clear that the defendant did receive the money. The learned Judge has, however, found that the suit was premature because of the terms of the unregistered mortgage bond. Granting that the terms of the bond are binding on the parties, having regard to the fact that immediately after the suit the money became payable, we think that it is undesirable that the plaintiff should be compelled to institute another suit for the money. money. The principle of Chinta Hararan Das v. Radha Charan Poddar 37 Ind. Cas. 962 [LQ/CalHC/1916/419] and of the decision of this Court in Sethrucherla Rama Chandra v. Maharajah of Jeypore 34 Ind. Cas. 411 [LQ/MadHC/1916/126] : (1916) M.W.N. 354 : 19 M.L.T. 360 in which it was held that Courts have power to grant a decree where a cause of action arose subsequent to the suit, is applicable to this case. Following these decisions and having regard to the special circumstances of this case, we reverse the decree of the District Judge and restore that of the District Munsif, except as to costs. Each party will bear his own costs throughout.

Advocates List

For the Appellant M.D. Devadoss, Advocate. For the Respondent M.O. Parthasarathi Aiyangar, Advocate.

Bench List

HON'BLE MR. JUSTICE SESHAGIRI AIYAR

HON'BLE MR. JUSTICE KUMARASWAMI SASTRI

Eq Citation

1918 MWN 199

44 IND. CAS. 863

AIR 1918 MAD 143 1

LQ/MadHC/1917/391

HeadNote

Debt, Financial and Monetary Laws — Debt and Debtor-Creditor Relationship — Debt by way of mortgage — Mortgage bond, unregistered — Cause of action for recovery of mortgage money arising after filing of suit — Whether suit premature — Suit for recovery of mortgage money — Maintainability of — Specific Relief Act, 1908, S. 31