V.SASTRI
Vaddadi Butchiraju – Appellant
Versus
Doddi Seetharamayya – Respondent
Viswanatha Sastri, J.
1. The suit was for the recovery of lands which originally formed karnam service inam, and which has first been mortgaged and subsequently sold by the karnam to Defendants 1 and 2. The 3rd plaintiff is the karnam and Plaintiffs 1 and 2 are his sons. The mortgage (usufructuary) was under Exhibit II on 3-7-1907 ; and the sale was under Exhibit I on 5-4-1910. The inam was enfranchised in April 1911. The District Munsiff held that the alienations having been made before enfranchisement were invalid, that the defendants had, on the date of the suit (3-7-1920) prescribed for a mortgagees interest ; and that plaintiffs were entitled to possession on payment of Rs. 700, Rs. 800 and Rs. 1,000 or ,Rs. 1,600. Both sides appealed, the appeal by plaintiffs relating to their liability to pay Rs. 1,600 before getting possession. The learned Subordinate Judge held that defendants had prescribed only for a mortgagees interest ; and that plaintiffs were entitled only to redem as per the terms of Exhibit II. And for the reason, that Exhibit II allowed 15 years for payment, he held that the suit filed on 3-6-1920 was premature, and, allowing the appeal, dismissed the suit.
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