Viswanatha Sastri, J.-C.M.S.A. No. 37 of 1946, C. R. P. No. 822 of 1945 and C.R.P. No. 149 of 1946 all arose out of C.M.P. No. 846 of 1944 in O.P. No. 57 of 1927 on the file of the District Munsiff’s Court, Amalapuram, and were all dismissed by Govindarajachari, J., who, however, granted leave to appeal in O.M.S.A. No. 37 of 1946 from which this L.P. Appeal has been filed.

The facts are these. On 11th October, 1922, Viswanatharaju created a simple mortgage over his lands in favour of two brothers, Venkataraju and Sooraparaju for Rs. 2,500 repayable in eight annual instalments with interest at Re. 1-0-6 per mensem. Sometime later the hypotheca was sold to Sayeed Oosman, the original appellant in the L.P.A. since dead, and now represented by his legal representatives. Sayeed Oosman paid several instalments of principal and interest during the years 1925 to 1927 and deposited in the District Munsiff’s Court of Amalapuram a sum of Rs. 997 being the balance of the mortgage money due according to him, and also filed O.P. No. 57 of 1927, dated 8th December, 1927, under section 83 of the Transfer of Property Act, praying for necessary action to be taken under that section. Sooraparaju, one

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