KRISHNASWAMI NAYUDU
Kallampudi Narayanappa – Appellant
Versus
Kaligotla Suryanarayana – Respondent
The petitioner in this revision petition is the first defendant in O.S. No. 85 of 1948 on the file of the District Munsif’s Court, Yellamanchilli, instituted for redemption of two usufructuary mortgages executed by the second defendant in favour of the first defendant. The plaintiff claimed to be the purchaser of the properties subject to two mortgages having purchased the same from the second defendant. The second defendant, mortgagor filed a written statement in person on 7th July, 1948. The first defendant’s contention is that in pursuance of an agreement of sale executed by the second defendant in his favour agreeing to sell the property he came into possession of the property and that by virtue of section 53-A of the Transfer of Property Act his title to the property had been perfected and that the plaintiff is not entitled to redeem the properties. The second defendant in his statement filed on 7th July, 1948, which was filed in person had stated that he had executed on 25th December, 1945, an agreement to sell on a stamped paper and had taken Rs. 212 cash from the first defendant to make up the purchase amount. Though the properties were previously in the possession
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