VIJAYA AGENCIES Vs. INDIA CEMENTS LTD

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in O.S. No. 22 of 1995 on the file of the Senior Civil Judge, Bapatla, filed these appeals against the preliminary decree and final decree passed therein. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) THE plaintiff is a manufacturer of cement. The 1st defendant, M/s. Vijaya Agencies, is a proprietary concern of one Venigandla Vijayababu. It is one of the dealers of the plaintiff at Bapatla. Over the period, different quantities of cement were supplied by the plaintiff to the 1st defendant.

(3.) THE 1st defendant filed a written statement admitting that he owed substantial amount to the plaintiff towards cost of the cement supplied to him. It was also his case that when he was unable to pay the amount, and on being insisted, he deposited the title deed in relation to the property owned by his father, the 2nd defendant. His plea was that there was no valid mortgage in the eye of law and the suit for mortgage is not maintainable.