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2017 Supreme(SC) 595

RANJAN GOGOI, NAVIN SINHA
Allokam Peddabbayya – Appellant
Versus
Allahabad Bank – Respondent


JUDGMENT

NAVIN SINHA, J.

The Appellants’ Suit O.S. No.96 of 1999, for redemption of mortgage was decreed by the Principal Junior Civil Judge, Guntur. The decree was reversed in AS No.65 of 2002, appeal preferred by the auction purchaser, Defendant No.2, by the VIII Additional District Judge (FTC), Guntur. The Second Appeal by the Appellants against the reversal of decree has been dismissed. The parties shall be referred to by their respective positions in the Suit.

2. Defendant Nos.3 and 4 created an equitable mortgage of their property at D.No.80 of Gorantala village, Guntur, measuring Ac 1-34 cents (2000 sq.yds.) for a loan of Rs.10,000/- in favour of the Bank, Defendant No.1, by deposit of title deeds on 15.03.1979. The Bank instituted O.S. No. 68 of 1987 for recovery of the loan by sale of the mortgaged property. The property was auction sold on 05.09.1993. Defendant No.2 being the highest bidder at Rs.50,000/-, sale certificate was issued and he was put in possession on 02.07.1997 in Execution Petition No. 203 of 1997.

3. The Plaintiffs were stated to have purchased the mortgaged property by different sale deeds dated 12.08.1985, 20.08.1985 and 30.09.1985. Asserting possession, th



































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