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1998 Supreme(AP) 622

A.HANUMANTHU
Bethi Ramswamy – Appellant
Versus
Madala Seetharamaiah – Respondent


A. HANUMANTHU, J.

( 1 ) THIS appeal has been preferred under Section 100 of the Civil Procedure Code against the Judgment and decree dated 28-11-1988 passed in AS No. 5 of 1987 on the file of the Subordinate Judge, Kothagudem, reversing the Judgment and decree dated 31-3-1987 passed in OS No. 10 of 1982 on the file of the District Munsif, Yellandu in Khammam District.

( 2 ) THE appellants herein arc the defendants and the respondent herein is the first plaintiff in the said suit OS No. 10 of 1982. For the sake of convenience, the parties as arrayed in the suit are referred to in this appeal. The respondent-first plaintiff and his mother as second plaintiff (now deceased) filed the said suit for redemption of usufructuary mortgage and possession of the suit property consisting of Ac. 1. 33 guntas of wet land in S. No. 19 of Garla village. The case of the plaintiffs is that they created an usufructuary mortgage in favour of the first defendant who is the husband of the second defendant with respect to the suit property belonging to them and delivered possession of the same after obtaining a sum of Rs. 1. 500a and they also executed a simple unregistered usufructuary mortgage deed date














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