SRINIVASACHARI, J. : -

This is an appeal against the judgment and decree of the Subordinate Judge, Gudivada in O. S. No. 1 of 1951. One Sri Raja Bommadevara Naganna Naidu executed a simple mortgage bond on 18th of April, 1933 in favour of one Sri Raja Venkata Ratnamma for Rs. 8,500/- in respect of sums due to the said Raja Venkata Ratnamma under a promissory note. The mortgagor hypothecated three villages, viz., Bollapadu, Appikatla and Velpore.

Subsequently on 27th February 1935 the mortgagee executed a mortgage in favour of one Nagapotrao mortgaging the right that she possessed under the mortgage bond of 18th April 1933. In addition to the above, the said Venkata Ratnamma executed an assignment in favour of the same Nagapotrao authorising him to collect the money due under the mortgage bond in her favour.

The three villages which were subject to mortgage were brought to sale in execution of a simple money decree against Raja Bommadevara Naganna Naidu, the original mortgagor and they were purchased at the Court auction subject to the mortgage by three persons. Bollapadu was purchased by one Nagayya, Appikatla by one Jaldu Venkata Subba Rao and Velpore by one Nageswar Swamy