M.JAGANNADHA RAO, K.A.SWAMI
Hanmanth Reddy – Appellant
Versus
Kamsali Nagamma – Respondent
( 1 ) THE defendants are the appellants. The Plaintiff one Nagamma filed the present suit for redumption of mortgage and restoration of possession of the suit land. The case of the plaintiff was that she borrowed an amount of Rs. 2,000/-for meeting the marriage expenses of her daughter from one Pullamgari Rami Reddy under a usufractuary mortgage with a condition that he should enjoy the properties for 20 years in lieu of interest and restore the possession of the same on payment of principal amount. According to her the transaction is a usufructuary mortgage but two separate documents were executed one a simple mortgage and the other a lease on the same day namely, 6-5-1942 as there were some hurdles under the provisions of the prevention of Alienation of Lands Act which was then in force. After the death of Rami Reddy, the defendants were in possession of the land. When the plaintiff wanted to redeem the mortgage the defendants refused to proceed with the transaction and re-deliver possession saying that Rami Reddy was a tenant of the suit land and was also granted a protected tenancy certificate. The plaintiff thereafter filed an application before the Collector. B
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