P SUBBA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The CMA and the two CR.Ps referred to above arise out of the execution proceedings in E.P. No.20 of 1998 in OS No.56 of 1980 on the file of the Senior Civil Judge (hereinafter referred to as "SCJ"), Parchur.

(2.) The relevant facts may, briefly, be stated as under: The 2nd respondent, Narra China Lingaiah and one Karumanchi Rattamma executed a deed of mortgage dated 25-8-1973, in favour of the 1st respondent, the Union Bank of India, Pasumarru Branch, Guntur District, to secure a sum of Rs. 15,000/-. As many as 5 Items of agricultural lands, situated in Gannavaram Village of Prakasam District, were mortgaged. Out of them, the land in Items 1 and 2 was owned by Karumanchi Rattamma and the other items of landed property were owned by Lingaiah. The deed of mortgage does not indicate as to whether the amount advanced by the 1st respondent was shared by the mortgagors. Since the amount was not paid, as stipulated under the mortgage deed, the 1st respondent filed OS No.56 of 1980 in the Court of SCJ, Ongole, for a decree of foreclosure.

(3.) Even while the mortgage was subsisting, Karumanchi Rattamma entered into an agreement of sale on 22-6-1976, in respect of entire Item No.1 and Ac. 1.60 cents in Item No.2, in favour of the appellant in the CMA. Respondent No.5 herein is the daughter of Karumanchi Rattamma, and Respondent No.2, the co-mortgagor, is the husband of Respondent No.5. They claimed that Karumanchi Rattamma executed a gift deed in their favour in respect of the said two items of land.