Muttappa Chetty vs Kiduru Mahamadoe – clr volume 1 page 012

In the case between Muttappa Chetty (Plaintiff) and Kiduru Mahamadoe (Defendant), the court considered the legal effect of the seizure, sale, and assignment by the Fiscal of a mortgaged bond, and whether such acts discharged the defendant’s liability under the original judgment. It was held that the sale and assignment of the mortgage bond did not amount to discharging the defendant’s underlying obligation, and plaintiffs, having purchased at Fiscal’s sale, were limited to rights of action similar to those of any unrelated third party purchaser. The procedure required by section 44 of the Fiscal’s Ordinance did not, in this instance, operate to extinguish the defendant’s liability where only partial payment had occurred. This decision reaffirmed that fiscal sales do not expand the purchase