P. RAMACHANDRA RAJU, J.

( 1 ) THIS is a plaintiffs appeal arising on he following material facts. The plaintiff advanced a sum of Rs. 25,000 to defendants 1 and 2, partners of a rice mill, under Ex. A-1 pro-note dated 30-4-1970, stipulating for the payment of interest at 24% per annum with annual rests. The 1st defendant is the father-in-law of the 2nd defendant. The rice mill was constructed to a vacant site of about 3,354 sq. yards. An extend of 2,292 sq. yards originally belonged to one Digavalli Venkataratgam husband of the 3rd defendant. Defendants 1 and 2 took on lease this vacant at from the said Venkataratnam for constructing the rice mill, but in doing so, have constructed the rice mill partly on that site and in an extent of 1962 sq. yards belonging to one K. Chiranjivi Rao. The 1st defendant later acquired title to the site of 1062 sq. yards under the registered sale deed Ex. A-2j dated 2-5-1951; subsequently both defendants 1 and 2 acquired title to the site of 2292 sq. yards from the 3rd defendant under the registered sale deed Ex A-3 dated 29-7-1966 in respect of which transaction, part of the sale consideration remained still to be paid to the 3rd defendant. To secur

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