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1936 Supreme(Mad) 304

VENKATARAMANA RAO
Goteti Bayyapparaju Sarma – Appellant
Versus
Tadanki Subba Lakshmamma – Respondent


JUDGMENT

Venkataramana Rao, J

1. The main question in this second appeal is whether the plaintiffs who are the auction-purchasers of a house in execution of a mortgage decree in O.S. No. 91 of 1923 on the file of the Sub-Court, Narasaraopet are entitled to eject the defendant who claims a right of residence in a portion of the said house. The plaintiffs father obtained a mortgage on 19th April 1911 of the said house from the son of the defendant. On 23rd February 1913, the defendant appears to have obtained a document from her son in and by which among other things she was entitled to reside in the eastern portion of the said house during the period of her natural life. The suit on the mortgage was instituted long thereafter and the decree was obtained on 6th May 1924. The defendant was not a party to the said suit. When the plaintiffs sought to take possession of the house they were obstructed by the defendant. To remove the said obstruction the plaintiffs filed an application Under Order 21, Rule 97, Civil P.C., but the application was disallowed. Thereupon the plaintiffs filed the present suit to recover the property. Various defences were raised by the defendant. Both the lower C







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