Mortgage by A and B of their joint property to C - B individually indebted to D on a pro-note - D obtaining decree against 'B' - A is entitled to redeem his share by paying his dues on mortgage and expenses to D

AIR 1969 MADRAS 27

MADRAS HIGH COURT

 (Principal Seat at MADRAS) 

NATESAN, J.

Second Appeal No.1728 of 1963, D/-3-11-1967

Veeraswami Mandiri v. K. Manicka Mudaliar and others

(A)Transfer of Property Act (4 of 1882), S.92, S.95 - Mortgage by A and B of their joint property to C - B individually indebted to D on a pro-note - D obtaining decree against 'B', putting property to sale, purchasing the same and redeeming C's charge - D subrogated to rights of C - A is entitled to redeem his share by paying his dues on mortgage and expenses to D. (Para 4)

(B)Limitation Act (9 of 1908), Art. 134, Art.148 - Suit for redemption - A and B mortgaging joint property to 'C' - D, a creditor of B in execution of a decree against B putting the property for sale, purchasing it and paying off charge of C D who purchased the entire property openly selling it to others who also, to the knowledge of 'A', openly enjoying the property in full rights Suit by A for redemption of his share is governed by Art. 134 and not by Art.148.AIR 1937 Mad 451 and AIR 1954 Mad 650, Disting.AIR 1926 Mad 81 and AIR 1964 Mad 269 (FB) and AIR