BHUPALAN VENKATASUBBAYYA Vs. G L MALLAPPA

JUDGEMENT

(1.) APP. No. 317 of 1945: This appeal arises out of O. S. No. 27 of 1943 on the file of the District Judge, Anantapur, a suit filed by the appellant for recovery of a sum of money due on a mortgage deed dated 26-5-1936 executed by defendants 1 to 3, in favour of the plaintiff. Among other contentions, the defendants raised the plea that the debt was liable to be scaled down under the Madras Agriculturists' Relief Act (Act 4 of 1938 ). The plaintiff contended that the debt was exempted from the operation of the provisions of the Madras Agriculturists' Relief Act, as the debt was contracted on the security of "house property" alone in the Hindupur Municipality. The mortgage was effected on two items, more particularly described in the plaint schedule.

(2.) THE learned District Judge held that the first item was a "house property", but the second item was not "house property", that the mortgage was not executed on the security of "house property" alone and that the debt was liable to be scaled down. The plaintiff preferred the above appeal.

(3.) THE only question in this appeal is, whether item 2 of the mortgaged property was "house property" at the time, when the mortgage deed Ex. P. 1 was executed, that is, on 26-5-1936. The description of item 2 reads as follows: