S. Narayanachari Petitioner v. T.V.A.K.T Annamalai Chettiar

The petitioner was a puisne usufructuary mortgagee. In a suit by the 1st mortgagee he was impleaded and the suit was decreed. Petitioner, though in terms directed to redeem i.e, to discharge the first mortgage, was in reality merely granted a privilege—the privilege of freeing his own security and preserving his possession. In no sense of the word is he a debtor. The decree is not against him for a debt payable by him, but in his favour allowing him a right in equity to redeem the first mortgage. To use the language of S. 3(iii) of the Debt Relief Act, petitioner is under no liability under the decree. His is not a debt.

The learned District Munsif of Tirupathi has in my judgment, rightly dismissed his petition under S. 20 of the Debt Relief Act. I dismiss the revision petition with costs.

Petition dismissed.

N.R.R