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2021 Supreme(AP) 637

M.VENKATA RAMANA
Kandhumarthi Ratnam, W/o. Brahmanandam – Appellant
Versus
Karri Veerraju, S/o. Gavraiah Mason Bapuji Nagar Jagannadhapuram Kakinada – Respondent


Advocates Appeared:
For the Petitioner: E V V S RAVI KUMAR
For the Respondent: M BHASKARA LAKSHMI

JUDGMENT :

The defendants are the appellants.

2. The respondents as the plaintiffs laid the suit for redemption relating to an alleged usufructuary mortgage and to direct the original defendant Sri Botta Nookayya to deliver vacant possession of the plaint schedule land.

3. The plaint schedule describes the land in question being of Ac.1-00 in S.No.89/2, patta No.227 in Rekhavanipalem, Tuni Mandal of East Godavari District within the boundaries mentioned therein. It shall be referred to hereinafter as, ‘the suit land’ for convenience.

4. Sri Gavarayya and his wife Smt. Seethayamma are the parents of the respondents. The suit land belonged to Sri Gavarayya. He died in the year 1965. Upon his death, it devolved upon Smt. Seethayamma and both the respondents. Smt.Seethayamma died in the year 1969 and therefore, both the respondents became its absolute owners upon succession.

5. During her lifetime Smt.Seethayamma on her behalf and on behalf of the 1st respondent, who was then a minor, borrowed Rs.1,000/- from Sri Boddu Narasimha Murthy offering the suit land as the security and executed a re

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