POLAVARAPU ANKINNEDU Vs. SRI BAVAJI MUTT, SINGARAYAPALAM

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against the appellate order dated 9th December 1954 of the Subordinate Judge, Gudivada, in A. S. No. 20/54 by which he reversed the order of the District Munsif, Gudivada setting aside the sale of the plaint B scheduled property in execution of the decree passed in O. S. No. 234 of 1947.

(2.) THE respondent was the plaintiff in O. S. No. 234 of 1947 the object of which was to secure possession of the demised land as detailed in A schedule and recover Kattubadi amounting to 36 bags of paddy of the value of Rs. 381 -14 -9 for the Fasli 1356. There was a prayer also for future profits at the same rate till delivery of possession. These reliefs were sought against Chaprala Sobhanadri who was the first defendant in the suit of whom no more notice is required to be taken since he is not a party to this appeal. The appellant who was the 2nd defendant in the suit, had to answer to the plaintiff -respondent for the security which he had offered for the due payment of the kattubadi for Fasli 1356. In order to discharge his liability as a guarantor, he deposited Rs. 360/ - during the pendency of the suit and most probably that was the reason that no charge was created on B schedule property in the decree that followed.

(3.) HAVING unilaterally obtained the above amendment the respondent presented E. P. 107/51 on 10 -3 -1951 praying only for delivery of possession. That E. P. was however dismissed for nonpayment of batta on 26 -4 -51. In the next month he filed the second E. P. 147/51 on 1 -5 -51 for the same relief. This time notices were issued to the principal judgment -debtor and the appellant but it was returned unserved as they were said to have refused to accept the notices. The Executing Court ordered delivery of the demised land but as the respondent eventually failed to deposit batta, the E. P. was dismissed on 4 -9 -51.