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1944 Supreme(Mad) 103

LEACH
Kaza Sivaramakrishna Rao – Appellant
Versus
Jonnalagadda Seetharamayya – Respondent


JUDGMENT

Leach, C.J.

1. This Letters Patent appeal raises a question with regard to the powers conferred by Section 42, Civil P. C, on a Court to which a decree has been transferred for purposes of execution. In order to understand what is involved we must set the facts in this case.

2. On 31st May 1925 respondent 3 mortgaged a house belonging to him in Bezwada to the Cooperative Building Society of Bezwada to secure a sum of Rs. 4000. On 20th September 1926 respondent 3 and his sons (respondents 4 and 5) created a second mortgage on this property in favour of respondent 2 and by the same deed a first mortgage on other properties consisting of agricultural lands. Subsequently the Building Society advanced to respondent 3 a further sum of Rs. 800 in respect of which it obtained a third charge on the house. Respondent 3 failed to repay to the Building Society the moneys advanced by it to him and on 20th December 1933 the Building Society obtained an award against him. This was executed on 16th December 1934 and at the auction the property was purchased by the appellant. In the meantime respondent 2 instituted a suit in the District Court of Kistna to enforce the mortgage which responden







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