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1962 Supreme(AP) 163

CHANDRASEKHARA SASTRI, P.CHANDRA REDDY
Sreeram Venkatasubbamma – Appellant
Versus
Somisetti Subbayya – Respondent


CHANDRA REDDY, J.

( 1 ) THE point that calls for adjudication in this Second appeal relates to the effect of an oral sale of the rignt to redeem a usufructuary mortgage to the mortgagee. The facts that have a bearing on this controversy may be shortly set out. A small house situated in Kanigiri originally belonged to Menta Patchayya. He had two wives, Subbamms and Kanakamma alis Audemma. The plaintiff is the daughter of the first wife. Her mother pre-deceased her father, who died on 25-12-1917. Subsequent to the dealt of her husband, Kanakamma acquired absolute right to this property under some arrangement with which we are not concerned here. She executed a usufructuary mortgage over this house in 1919 to the first defendant. A year later she sold her right to redeem the property to the mortgagee himself under an oral sale. Sometime later, the first defendant, mortgagee, sold the house to the second defendant. In the year 1922, Kanakamma died leaving behind her step children, namely, the plaintiff and her sister as her sole heirs. 3 In the year 1953, i. e. , thirty one years after they succeeded to the estate of Kanakamma, the present suit was instituted for redemption of the mort

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