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1997 Supreme(SC) 514

G.N.RAY, G.T.NANAVATI
Polammarasetti Varana Venka Satyanarayana – Appellant
Versus
Suddha Apparao Naidu – Respondent


ORDER

This appeal is directed against the judgment of the Andhra Pradesh High Court dated April 16, 1987, passed in Second Appeal No. 308 of 1981. By the impugned judgment, the High Court has dismissed the Second Appeal preferred by the appellant. One Bheemarasetti Adinarayana Naidu was the plaintiff in Suit No. O.S. No. 55 of 1967 in the Court of District Munsif, Anakaballi which was renumbered as OS No. 260 of 1969 in the Court of Principal District Munsif, Yellamanchill. Such suit was instituted by the plaintiff for redemption of usufructuary mortgage created by deed dated December 11, 1946 (Ext. A-1) on the basis of the sale deed dated September 19, 1960 (Ext. A-2) under which the said plaintiff purchased the property with a right to redeem. The appellant was the second defendant in the said suit. There is no dispute that at the time of creating such usufructuary mortgage in 1946, the appellant was continuing as a lessee and the lease was to expire in 1948. The appellant contended that his right as lessee continued despite the said usufructuary mortgage and in view of such right continuing, he had acquired non-evictable right and, therefore, there was no question of taking over





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