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1954 Supreme(Mad) 320

K.SUBBA RAO
Goduguneesi Padmanabhachari – Appellant
Versus
Annamraju Sithapathirao – Respondent


Advocates:
B.V. Ramanarasu for Appellant.
P.V. Chalapatirao and D. V. Reddipantulu for 1st Respondent.
A.V. Krishna Rao for Respondents 8 to 11.
K. Mangachari for Respondent 12.

Judgment.—

This second appeal is preferred by the 1st defendant against the decree and judgment of the Court of the Subordinate Judge of Tenali confirming those of the District Munsif, Tenali, in O. S. No. 61 of 1945, a suit filed by the respondent for the redemption of a usufructuary mortgage bond dated 18th November, 1876.

Plaintiff’s case may be briefly stated:—One Abdul Wahab Sahib owned a plot of about 7 acres covered by D. Nos. 1176, 1178, 1179 and 1282 of Kolakalur village. Item 1 of the plaint schedule is the southern portion of D. Nos. 1176, 1178 and 1179 of the extent of 3 acres. Item 2 is one acre in D. No. 1282. The said Abdul Wahab Sahib on 18th November, 1876, executed a usufructuary mortgage of the said two items in favour of Mukkamala Lakshminarasu. Under the document, a sum of Rs. 200 was borrowed. The said sum carried interest at 12 per cent, per annum. It was agreed that the principal and interest due under the bond were to be discharged by crediting Rs. 12 every year towards the debt. The said Abdul Wahab Sahib filed O.S. No. 132 of 1894 on the file of the District Munsif’s Court, Guntur, against the mortgagee for redeeming the mortgage and for possession. When th




























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