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1972 Supreme(AP) 86

S.OBUL REDDY, VISWANATHA SASTRY
Somanath Baraman – Appellant
Versus
S. V Jagannatha Rao – Respondent


VENKATARAMA SASTRY, J.

( 1 ) THE defendants 1 to 4 are the appellants in this appeal. This appeal is preferred against the decree in O. S. 45/65 on the file of the 1st Addl. Chief Judge, City Civil Court Hyderabad.

( 2 ) THE suit was instituted by the respondent for the recovery of a sum of Rs. 55,125. 00 on the basis of a registered simple mortgage bond dated 4-10-1961, executed by the appellants herein in his favour. The bond was originally executed for rupees one lakh out of which the appellants paid a sum of Rs. 50,000. 00 on 29-6-65 leaving a balance of Rs. 50,000. 00 as due to the plaintiff. According to the terms of the mortgage bond the appellants agreed to pay monthly interest to the plaintiff under the mortgage bond and paid it punctually till January, 1965 and thereafter committed default. The plaintiff therefore issued for the balance of the principle and the interest that accrued till the date of the suit. The suit was filed on 15-10-65. The hypothecate under the mortgage bond is a house property comprised in Municipal No. 5-0-665, Gun foundry. Hyderabad specified in Schedule-A. The interest provided under the bond was at 95 per annum. The bond was executed and registe




























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