S. P. A. Walleappa Chetty vs S. K. Kader Meera Saibo – clr volume 1 page 004

In the case between S. P. A. Walleappa Chetty (plaintiff) and S. K. Kader Meera Saibo (defendant), the court addressed the scope of rights under a hypothecation agreement concerning ebony logs. The main legal issue involved whether the defendant, who held a purported pledge over 25 tons of ebony through an earlier arrangement with an intermediary (Perera), retained the right to seize the ebony after it had been sold and delivered to the plaintiff. It was held that the defendant’s claim was limited to recourse against the original pledgor (Perera) and did not extend to following the ebony into the plaintiff’s possession. The original judgment was set aside, the case remanded for an assessment of damages, and directions were provided regarding costs. The legal principle reaffirmed is that ri