Chullile Peetikayil Nammad Judgment-Creditor v. E. Othenam Nambiar Judgment-Debtor.

1. We are not prepared to differ from the decision in Nataraja Aiyar v. South Indian Bank, Limited(1) where all the authorities are considered, and are of opinion that the fact of the mortgagee being in possession, actual or constructive, of the mortgaged property makes no difference.

2. The answer to the first question is in the affirmative.

S.N/R.K

3. Reference answered accordingly.