This is a second appeal against the decree and judgment of the Court of the Subordinate Judge of Rajahmundry confirming that of the Court of the District Munsiff of Ramachandrapur in O.S. No. 212 of 1946.

The plaint schedule property originally belonged to one Kondepudi Ramanna. He executed a Khandagutta cowle, Exhibit D-1, dated 9th June, 1905, in favour of Sattiraju for a period of forty-one years. On 4th December, 1915, Ramanna entered into an agreement to sell the same property in favour of the plaintiff’s grandfather, Marina Veeranna. Marina Veeranna filed O.S. No. 928 of 1916 on the file of the Court of the District Munsiff, Ramachandrapur, for recovery of a sum of money due to him on a promissory note executed by Ramanna. In that suit, on 17th September, 1916, he attached before judgment the suit properties subject to his own right under the aforesaid agreement. After attachment, on 14th October, 1916, Ramanna executed a sale deed - conveying the plaint schedule properties to Sattiraju under Exhibit D-2. On 10th November, 1916, Sattiraju, in his turn, executed a mortgage deed, Exhibit D-4 in favour of the first defendant for a sum of Rs. 2,000. Veeranna filed O.S.