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1957 Supreme(AP) 247

SATYANARAYANA RAJU, SYED QUAMAR HASAN
Kamisetti Venugopala Rao Naidu – Appellant
Versus
Kyanam Hanumantha Rao – Respondent


Advocates:
P. Somasundiaram, N.C.V. Ramanujachari and C. Narasimhachari, for Appellant; D. Narasaraju and Y. Suryanarayana, (for Nos. 22 to 28); and C.V. Narasimha Rao, (for No. 1), for Respondents.

Judgement

SATYANARAYANA RAJU, J. : -

This is an appeal from a judgment and decree of the Court of the Subordinate Judge of Masulipatam dismissing the appellants suit for redemption of the mortgage deed dated 27-7-1909, and for possession of the land specified in the plaint schedule.

2. The claim of the plaintiff for the above relief was, as stated in the plaint, founded on the following allegations. He acquired the lands described in the plaint schedule on payment of nazarana from the Court of Wards then in charge of the South Vallur Estate by means of a registered patta, dated 20-1-1909. Having become indebted to the 1st defendants family in a sum of Rs. 8,000/- he and others executed a simple mortgage, hypothecating the scheduled lands on 27-7-1909.

The plaint schedule mentioned lands were then barren and uncultivated. The 1st defendant and his brother, the late Bhaskararamamurthy, were men of influence and they represented to the plaintiff that if the lands stood in their names, they could use their influence to get irrigation facilities for the lands sooner. With that end in view, the lands were entered in the name of Bhaskararamamurthy in the revenue accounts in the year 1913 and





















































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