P.KODANDA RAMAYYA
L. I. C. of India Bombay – Appellant
Versus
V. Bharathi – Respondent
( 1 ) THESE two appeals arise out of two suits O. S. No. 106 of 1977 and 48 of 1978 on the file of the Subordinate Judge s Court, Narasapur. O. S. No. 106 of 1977 is filed for the recovery of Rs. 32,880-62 ps. being the balance of amount due on two Life Insurance Policies, Exs. B-2 and B-4, obtained by one Dr. Vegesine Viswanatharaju on his own life and the plaintiff being the widow of the said policy holder. The suit having been decreed, the defendant-Life Insurance Corporation (hereinafter referred to as the Corporation ) filed the appeal A. S. No. 1006 of 1979. The other suit is filed by the Corporation for recovery of Rs. 46,867-01 ps. being the principal and interest due on a registered mortgage deed dated 30-5-1974 executed by late Dr. Vegesine Viswanatharaju, (Dr. Raju for brevity), the husband of the plaintiff in O. S. No. 106 of 1977 who is the first defendant in O. S. No. 48 of 1978. The other defendants in O. S. No. 48 of 1978 are children of Dr. Raju. The suit was dismissed. The suit having been dismissed, against that the Corporation filed A. S. No. 1007 of 1979.
( 2 ) THE plaintiff in O. S. No. 106 of 1977 having given credit to the mortgage am
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