P. MUTHAYYA (DEAD) BY LRS. versus CHELLAPPAN PILLAI AND ORS.

P. MUTHAYYA (DEAD) BY LRS. versus CHELLAPPAN PILLAI AND ORS.

Since no evidence was produced to show that the senior member (Raman Pillai) was alive at the time of execution of the mortgage (Ext. A.1), and admissions and prior evidence indicated Mathevan Pillai was the Karanavan, the mortgage deed executed by him as Karanavan is valid.

Source-derived case information.

Parties
Appellant: P. Muthayya (Dead) By L.Rs.; Respondents: Chellappan Pillai and Ors.; Respondent: Respondent No.1
Jurisdiction
India
Judgment Date
13 May 1994
Procedural Posture
Civil Appeal / Appeal Against Madras High Court's Judgment in Second Appeal No. 799 of 1976, Allowing the Appeal and Restoring Lower Appellate Court's Judgment
Outcome
Appeal allowed; High Court's judgment set aside; lower appellate court's judgment restored.
Legal Topics
Tarwad (h.u.f.), Karanavan (kartha), Partition, Redemption of Mortgage, Validity of Mortgage Deed Executed by Karanavan
Hindu Law Tarwad (h.u.f.) Karanavan (kartha) Partition Redemption of Mortgage Validity of Mortgage Deed Executed by Karanavan

Source-derived case record

Summary, issues, holding and outcome

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Parties

P. Muthayya (Dead) By L.Rs.

Appellant

Chellappan Pillai and Ors.

Respondents

Respondent No.1

Respondent

Procedural Posture

Civil Appeal / Appeal Against Madras High Court's Judgment in Second Appeal No. 799 of 1976, Allowing the Appeal and Restoring Lower Appellate Court's Judgment

Legal Issues

  1. 1 Whether the mortgage deed executed by a junior member as Karanavan is valid when senior member was allegedly alive
  2. 2 Whether the High Court erred in setting aside the lower appellate court's finding on the validity of the mortgage deed

Ratio Decidendi

Since no evidence was produced to show that the senior member (Raman Pillai) was alive at the time of execution of the mortgage (Ext. A.1), and admissions and prior evidence indicated Mathevan Pillai was the Karanavan, the mortgage deed executed by him as Karanavan is valid.

Court Disposition

Appeal allowed; High Court's judgment set aside; lower appellate court's judgment restored.

Orders

  • Impugned judgment of Madras High Court dated 16th June, 1980 set aside
  • Judgment of lower appellate court dated 12th January, 1976 restored