P.CHANDRA REDDY, SRINIVASA CHARI
Bobba Suramma – Appellant
Versus
Peddireddi Chandramma – Respondent
( 1 ) THIS second appeal raises some interesting questions under Section 53-A of the Transfer of Property Act (hereinafter referred to as the Act ).
( 2 ) WE may give a resume of the facts culminating in the second appeal. The respondent, who is an alien from defendants 6 to 8, the reversioners to the estate of one Devarakonda Bangarayya, laid an action for the recovery of some items of property, including item 1 which is in dispute in this second appeal, Bangarayya died before 1931, leaving behind him his widow, Suramma. The property in question was purchased by Bangarayya on 8-5-1915, under Ex. B. 4. Being unable to find the purchase price, he mortgaged that very property to one Padmanabhudu, the paternal grand-father of the fourth defendant, under Ex. B-l dated 10-5-1915, for a sum of Rs, 700/ -. This mortgage was kept alive by subsequent payments. In order to discharge this mortgage and other simple debts, Suramma conveyed this property, under Ex. B-5 dated 3-5-1934, to one Nagayya. It was stipulated that the vendee should retain a part of the consideration and utilise it to discharge the encumbrance on that property. Since the vendee did not carry out his obl
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