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1940 Supreme(Mad) 66

VENKATARAMANA RAO
Sree Rajah Vasireddi Balachandrasekhara Varaprasad Bahadur Manne Sultan Garu – Appellant
Versus
Mallela Lakshminarasimham – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is an appeal from the judgment and decree of the learned District Judge of Kistna in a suit upon a mortgage dated 19th September, 1929, executed by the first defendant for himself and as guardian of his son, the second defendant in favour of the plaintiff. The third defendant is another son of the first defendant born subsequent to the date of the mortgage. The mortgage was for a sum of Rs. 2,500 payable with compound interest at Re. 0-14-6 per cent, per month. The plaint alleged that there was a payment of Rs. 600 on 9th November, 1930 and that the said payment was made by one Kasibotla Suryanarayanamurti on behalf of the defendants. The defendants denied that the said sum of Rs. 600 was paid as alleged in the plaint and the first defendant pleaded; that he was not personally liable on the ground that the personal remedy was barred by limitation, the suit having been instituted on 16th March, 1936, more than six years from the date of the mortgage. Defendants 2 and 3 denied the truth and validity of the mortgage. Their case was that the amount was not borrowed for any family necessity or for payment of any antecedent debt but for conducting a b




























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