KURALLA SURYANARAYANA Vs. AKUMURI PURNACHANDRA ROW AND ANR.

JUDGEMENT

(1.) WHEN the facts of this case are understood the decision of the appeal presents no difficulty.

(2.) ON the 19th May, 1936, the land in suit was bought by two brothers, A. Brah -mayya Sastri and K. Suryaprakasa Rao. They are referred to in the judgment of the trial Court as " the Sastri brothers " and it will be convenient to refer to them as " the Sastri brothers " in this judgment. They bought the land in their own name. The money belonged to their nephew, the first defendant in the suit. With the balance of the money belonging to the first defendant they commenced to build a house on the land. The money was not sufficient to complete the building and in order to raise further funds they mortgaged the property to the second defendant on the 20th August, 1936, to secure a loan of Rs. 2,000.

(3.) ON the 30th September, 1939, that is, five days after the first defendant's suit had been dismissed by the trial Court, the second defendant called upon the plaintiff as the purchaser of the property to pay the sum of Rs. 2,636 -11 -9, the amount then due upon the mortgage. On the 26th October, 1939, the plaintiff paid to the bank in discharge of the mortgage the sum of Rs. 2,654 -2 -6. The increase in the amount due to the second defendant represented additional interest.