GORRELA VENKATA SATTEYYA Vs. MULIBAI

JUDGEMENT

(1.) The defendants are the apellants. The suit was filed for the recovery of a sum of Rs. 6,433-3-9. The plaintiffs represented the interest of the mortgagees under two mortgages dated 10-1-19 and 6-3-1920 executed by the lather of defendant 1 as well as by defendant 1 and his undivided sons, defendants 2 and 3. The mortgagees sued to enforce their mortgages in O. S. No. 70 of 1932 on the file of the Subordinate Judges Court of Amalpuram.A preliminary decree was passed on 29-3-1935 and it was followed by a final decree dated 30-3-1936. It appears that the decree amount was scaled down to about Rs.16,000.00 is C. M. P. No. 211 of 1938 on 3-11-1938. The bulk of the scaled down amount had been paid by the mortgagors before the date of the present suit which was insituted on 26-1-1948. The plaintiffs claim in the suuit, now under appeal fails under four heads: (1) Rs.2396-0-6 Consisting of sums paid by the mortgagees in order to avert a revenue sale of a portion of the hypotheca, R. S. No. 336 in Kottalanka.The principal amount of the sums paid by the mortgagees and the interest thereon till the date of plain amount to Rs. 2,396-0-6;

(2.) Rs. 1,646-3-4 representing the costs paid by the mortgagees to the Government and incurred by themselves in connection with a suit filed by them against the Government for a refund of the amount paid by them for averting the revenue sale referred to above the for an injunction against the Government.The sum of Rs.1,646-3-4 is inclusive of interest on the amount paid as costs by the mortgagees;

(3.) Rs.1,311-5-0 representing amounts paid by the mortgagees to receivers appointed in the mortgage suit O. S. No. 70 of 1932 and the interest on the sums so paid up to the date of suit; and