In the lower Court the plaintiffs sought to recover the mortgage amount which was calculated at Rs. The lower Court gave a decree against items 1, 3 and 4 with a direction that items 3 and 4 will be proceeded against first. The result is that the decree of the lower appellate Court is set aside and the appeal is remanded to the lower Court for passing a decree in favour of the plaintiffs against item 1 in accordance with the directions given in this judgment. Autherity for this position may be found in Appayya v. The plaintiffs are the appellants and mortgagees of property consisting of four items. Try out our Premium Member services:
Under ths exception to Section 60, T. In the lower Court the plaintiffs sought to recover the mortgage amount which was calculated at Rs. Act, the mortgage having been split the mortgagee is entitled to claim only a proportionate amount of the mortgage money. Bamanchettiar  40 Mad. Free for one month and pay only if you like it. Rangayya  31 Mad. But it is argued by Mr Ramaswami Ayyar, the learned advocate for the respondents, that full effect should not be given to this decision in this particular case having regard to the fact that the plaintiffs-mortgagees according to their own statement have become the owners of items 3 and 4. AIR Mad 18 Author: In conclusion I must say that I am much obliged to Mr. If the amount is above Rs. Try out our Premium Member services: This decision supports the contention urged by the appellant's learned advocate. Venkatachariar argues that the plaintiffs are entitled to get a decree against item 1 alone they having the right to exonerate the other items in the suit. Items 3 and 4 have come into the possession of the plaintiffs according to their own case. The lower Court gave a decree against items 1, 3 and 4 with a direction that items 3 and 4 will be proceeded against first. The result is that the decree of the lower appellate Court is set aside and the appeal is remanded to the lower Court for passing a decree in favour of the plaintiffs against item 1 in accordance with the directions given in this judgment. The appellants will be entitled to their costs throughout. It was held by a Full Bench in Perumal Pillai v. He has argued it with great ability and his arguments have been of considerable help in deciding the second appeal. Ramaswami Ayyar who at my request argued the case on behalf of the respondents who are unrepresented. Autherity for this position may be found in Appayya v. The first item has-been subsequently sold to defendant 3, the contesting respondent in the case. In second appeal Mr. Before they get a decree the exact amount that they will be entitled to on this principle will have to be determined by the lower Court. Applying the principle enunciated in these cases the plaintiffs can recover only so much of the mortgage debt as bears the same proportion to the whole of the mortgage as the value of item 1 bears to the value of the whole of the property. If it is less of course, they will be entitled only to that loss amount.
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