SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1925 Supreme(Mad) 598

Mylavarapu Rangayya Naidu – Appellant
Versus
Basana Simon – Respondent


JUDGMENT

1. This is a suit for redemption. The plaintiffs obtained a decree far redemption in the Court of she Districts Munsif of Vizagapatam and the decision was confirmed on appeal. The defendants, who represent the mortgagees, contend that the plaintiffs suit is not maintainable: first because the plaintiffs have no locus standi to maintain the suit and they are estopped from asserting that their vendor had any title to convey to them; and secondly because the term of the mortgage has not expired and the suit is premature.

2. The lands in dispute were the property of one Anga Narasimhulu who died in 1901 leaving a widow Rangamma and two daughters. After his death the widow put forward Anga Ramaswami as having been adopted to her deceased husband. On 6th April 1902, she executed a usufructuary mortgage for Rs. 1,000, in favour of the 1st defendant. The mortgagor under this document was her adopted son Ramaswami, represented by his guardian, the adoptive mother. On 2nd May 1906, another usufructuary mortgage was executed by the widow as guardian of her adopted son for Rs. 1,400. In this mortgage the prior mortgage of 6th April 1902 was merged. This mortgage, Ex. B, is sought to be











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top