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1945 Supreme(Mad) 13

PATANJALI SASTRI
Mattapalli Raju – Appellant
Versus
Challa Venkata Raghavayya – Respondent


JUDGMENT

Patanjali Sastri, J.

1. These appeals have been brought from decrees passed by the Court of the Subordinatejudge of Cocanada in two suits, one for redemption and the other for ejectment. The suits were tried and decided separately but the appeals have been heard together as they arise out of the same mortgages and lease. As the parties are differently arrayed in the suits, it will be convenient to refer to them as the mortgagor, the mortgagees and the lessees.

2. On the 2nd January, 1914, the mortgagor acting for himself and as the guardian of his undivided minor son granted a mortgage of 51 20 acres of inam lands in Veera varamj East Godavari District (hereinafter called the suit lands) along with certain other lads to secure a sum of Rs. 30,00a lent by the mortgagees. The mortgage was nonsossessory in respect of the suit lands and possessory in respect of the other lands to which no further reference need be made as they were sold with the consent of the mortgagees to satisfy the debt in part. On the 27th November, 1915, he executed another mortgage with possession of the suit lands for Rs. 4,000, but as the lands were in the occupation of the lessees under a lease for 15 y

























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