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1940 Supreme(Mad) 146

VENKATARAMANA RAO
Chinni Venkatachalam Chetti – Appellant
Versus
Athivarapu Venkatrami Reddi – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This appeal arises out of a suit to enforce two deeds of mortgage dated 24th June, 1924 and 24th April, 1930, executed by the deceased father of defendants 1 to 3 to the plaintiff. Both the deeds of mortgage not only gave security to the plaintiff over the immovable property comprised therein but also over the produce realised therefrom every year.

2. The operative portions in the deeds of mortgage run thus:

The produce realised therefrom every year have been hypothecated to you.

3. The question for decision in this appeal is whether the plaintiff is not entitled to enforce his mortgage security over a sum of Rs. 364 which was deposited into Court during the pendency of the suit being the net sale proceeds of the crops of Fasli 1345 on lands which are items 1, 2, 8, 9, 10 and 11 of Schedule A to the plaint comprised in the deeds of mortgage. The question arises in this way. On the 14th of May, 1933, the father of defendants 1 to 3 executed a registered lease deed of the said lands in favour of defendants 7 and 8 for a period of five years commencing from Fasli 1343. The rent reserved thereunder was 10 putties of paddy and 80 bundles of hay worth Rs. 10.












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