GOGULA GURUMURTHY Vs. KURIMETI AYYAPPA

JUDGEMENT

(1.) Venkanna, the father of the appellants had a brother Ramamurti who died childless in the year 1908 leving behind him his widow Narasimham. After Ramamurthi's death a series of litigations started between Venkanna and Narasimham and it is not over yet. Venkanna filed O. S. No. 14 of 1943 against the widow in respect of acts of waste committed by her of Ramamurti's estate and was appointed a receiver in that suit. In that suit he got a decree against Narasimham for a sum of Rs. 13,539/- as she failed to furnish security as originally decreed by the court, Venkanna as receiver filed three suits on the foot of three mortgages in favour of Ramamurti. One was O. S. No. 24 of 1916. In execution of that decree item 1 of the 'A' Schedule properties was purchased in court auction. O. S. No. 443 of 1918 was filed on the foot of another mortgage in favour of Ramamurti executed in 1904 and items 2 and 5 of the plain schedule properties were purchased in execution of decree in that suit. These three items of properties are the subject matter of this appeal. It is unnecessary for the purpose of this appeal to refer to the third suit.

(2.) Venkanna died in 1947 and Narasimham in 1951 after executing a Will bequeathing in favour of her brother Venkata Sattayya all her properties. Venkata Sattayya filed the suit, out of which this appeal arises, for possession of the properties bequeathed to him under the will and for mesne profits. The Subordinate Judge who tried the suit held that items 1, 2 and 5 became accretions to the main estate of Ramamurthi and therefore the plaintiff was entitled only to an account of the income from those properties till the death of Venkanna. The appeal against the Subordinate Judge's judgment came up for hearing before Justice Satyanarayana Raju and Justice Venkatesam of the Andhra Pradesh High Court. The learned Judges called for a finding with regard to the interest on the two mortgages in execution of the decress in which items 1, 2 and 5 had been purchased, relating to the period before Ramamurti's death and the period after Ramamurti's death. After finding was received they allowed the appeal in part and held that the plaintiff would be entitled to a 19/34th share of item 1, and 12/23rd share of items 2 and 5. This appeal is filed in pursuance of a certificate granted by the High Court.

(3.) Mr. Ramasesheya Chaudhari appearing behalf of the appellants raised four points which we shall deal with seriatim.