TATYA LAGAMANNA DESAI Vs. YOGABAI

JUDGEMENT

(1.) SURVEY No. 110 situate at Takli originally belonged to one Girgonda Rayagonda Patil. On 5-3-1924,. Girgonda executed a simple mortgage in respect of the said land in favour of one Appaji Payangonda Patil. Appaji Payangonda Patil will hereafter be described as the first mortgagee. Thereafter, Girgonda executed a possessory mortgage in respect of the same land, first on 2-7-1924 and later on 26-11-1928, in favour of Yogabai, the present plaintiff. Yogabai will hereafter be described as the second mortgagee.

(2.) THE first mortgagee's son Babagouda instituted suit No. 276 of 1931 against the mortgagor for recovery of the mortgage money due under the mortgaged property. To this suit the second mortgagee was not made a party. A final decree for sale of the mortgaged property in this suit was passed on 18th June 1933.

(3.) THE second mortgagee filed a similar suit being suit No. 718 of 1931 against her mortgagor. Although her mortgages were possessory mortgages, it appears that she was entitled to recover the mortgagee money due under her two mortgages by sale of the mortgaged property. To this suit the first mortgagee's heir Babagouda was not a party. A final decree for sale of the mortgaged property was passed in favour of the second mortgagee on 5th January 1933.