MATTAPALLI VENKATARAJU Vs. CHALLA VENKATA RAGHAVAYYA

JUDGEMENT

(1.) THESE two Civil Miscellaneous Appeals arise out of I. A. No. 1397 of 1952, an application filed by the appellants in C. M. A. No. 434 of 1953 for ascertaining mesne profits for five years from 1945 to 1949 and for recovering the same.

(2.) THE appeals have a long and complicated history. It would be enough if the relevant facts were briefly narrated. One Challa Venkataraghavayya, acting for himself and as a guardian of his undivided minor son, executed three mortgages in favour of Mattapalli Venkataratnam. The first mortgage was a simple mortgage and it was executed on 2 -1 -1914 for a sum of Rs. 30,000/ - carrying interest at Rs. 1 -0 -6 per cent., per mensem with a default clause providing for a higher rate of interest.

(3.) MR . Kotiah, the learned counsel for the mortgagees contends that, though the mortgagees came into possession under the decision made by the High Court, which was later varied by the Federal Court, their possession was qua mortgagees and therefore the said liability should have been taken as an item in fixing the redemption amount and that, as the lessees fail to raise that question at the time the said amount was fixed, they are now precluded from doing so.