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1911 Supreme(Mad) 91

Raja Kumara Venkata Perumal Raja Bahadur, minor by Mr. W. A. Varadachariar – Appellant
Versus
Thatha Ramaswmi Chetty – Respondent


JUDGMENT

1. The suit in this case was instituted for the recovery of a sum of Rs. 10,929 10-0 with interest which the plaintiff alleges to hi due to him from the defendants from the 27th April, 1900. The plaintiffs case is that the villages mentioned in Schedules A and B appended to the plaint were mortgaged by the plaintiff to the defendants father, Subbi Chetty, on the 21st of May 1890 tinier two documents for a sum of Rs. 100,000 and Rs. 51,5,00, respectively; that the first of these mortgage deeds, filed as Exhibit A in the suit, was void and unenforceable, being contrary to Section 257-A of the Code of Civil Procedure, and that the second deed, Exhibit B, was also void for the same reason with respect to Rs. 31,343-9-1 out of the total sum of Rs. 51,500; that the villages mortgaged under the two deeds passed into the possession of the mortgagee and continued to remain in his possession till July 1900, when they were taken possession of by the Court of Wards when the superintendence and management of the plaintiffs zemindari of Karvetnagar were assumed by it, and that the villages remained in the Court of Wards possession till 1905, when the Court of Wards released its superinte
































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