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2016 Supreme(AP) 594

M.SATYANARAYANA MURTHY
Choudhari Palkaji – Appellant
Versus
Rukmini Devi – Respondent


Advocates Appeared:
For the Appellant : B. Nalin Kumar
For the Respondents: Govind Lal, V. Ravi Kiran Rao

JUDGMENT :

1. The plaintiff in O.S.No.29 of 1984 on the file of the District Munsif, Asifabad and appellant in A.S.No.7 of 1984 on the file of the Subordinate Judge Court at Asifabad, preferred this second appeal under Section 100 of C.P.C, challenging the concurrent findings recorded by both the Trial Court and the Appellate Court.

2. For convenience of reference, the ranks given to both the parties before the Trial Court will be adopted throughout the judgment.

3. The plaintiff’s mother Bondakka W/o Mahadu, in her capacity as a natural guardian and in view of legal necessity, mortgaged the agricultural lands bearing Sy.Nos.272, 277 and 303 in total of extent of Ac.36-28 guntas situated at Rebbena Village of Asifabad Taluk. The 2nd defendant’s father who is since deceased and who was 1st defendant’s husband and father of the defendant No.2, Bondakka in her capacity as a natural guardian and in view of legal necessity borrowed Rs.500/- under registered mortgage deed dated 5.7.1950 bearing document No.3 of 1950 by virtue of which the said mortgagee was put in possession of the land and agreed to remain in possession of the said land for a term of 20 years and cultivated the same duly p



































































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