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1937 Supreme(Mad) 435

PANDRANG ROW
Koti Bharma Lingappa – Appellant
Versus
S. Nilakantappayya Wadiar – Respondent


JUDGMENT

Pandrang Row, J.

1. This is an appeal from the decree of the Court of the Subordinate Judge of Bellary dated 28th February, 1933, in O.S. No. 5 of 1932, a suit for recovery of possession of certain lands and for redemption of certain mortgages. There were three mortgages, one of 1917 for Rs. 800, another of 1920 for Rs. 2,850 and the third one of the same date as the first for Rs. 1,400. The lands included in the mortgages were different. Over and above the lands included in these mortgages, two survey numbers, 53 and 71, were alleged to be in the possession of the defendant under a certain arrangement whereby he was to be in possession for 13 years in lieu of a sum of Rs. 700 due to him. The plaintiffs pleaded that they had discharged all the three mortgages and also the debt of Rs. 700 and they produced three receipts, Exs. A-1, A-2 and A, in support of their allegation. These receipts amounting to Rs. 5,700 were relied upon by the Court below in support of its finding that the payments alleged in the plaint were true though the lower Court was clearly of opinion that, but for these receipts, there was no satisfactory evidence of the payments. The execution of these receip





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