JALAPPA Vs. NARASIMHA SETTY AND OTHERS

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment of Srinivasachari, J. in S. A. 693 of 1956 affirming the judgment of the Subordinate Judge, Anantapur in A. Section 3 of 1955 and dismissing the plaintiff's appeal.

(2.) The appellant herein was the plaintiff. The suit was instituted for redemption of certain properties which were originally mortgaged by the plaintiff's father, one Chinna Narasappa and his (plaintiff's father's) elder brother, Pedda Narasappa under a usufructuary mortgage deed D/d. 24-2-1928. A registration copy of it was exhibited as Ext. A-1. The mortgagees were impleaded as defendants 1 and 2. The alienees of portions of the hypotheca and those in possession were impleaded as the other defendants in the suit.

(3.) The facts of the case are these : Pedda Narasappa and China Narasappa were two undivided brothers who were living in Chadam Village in Rayadurg taluk of Anantapur District. They were having the business of running toddy shops. They acquired some lands and house in Chadam Village. They executed a possessory mortgage of two items of land and two houses situated in the village borrowing Rs. 500/-from one China Kristappa and Ramappa, two brothers of Rayadurg village. Ex. A-1 is the registration copy of the said mortgage deed. As per the terms of the mortgage, the mortgagees should enjoy the income for 5 years and at the end of 5 years, the mortgagors agreed to pay the amount borrowed under the mortgage deed. The mortgaged properties consisted of four items as stated already.