AVVA KRISHNAMURTHY Vs. GUDIPATI SATYANARAYANAMURTHI

JUDGEMENT

(1.) This is a decree-holder's appeal against the order of the learned Subordinate Judge Masulipatnam, dated 12th December, 1952 scaling down the decree in O.S. No. 27 of 1936 on his file.

(2.) The respondent, his brothers and his father executed two mortgage deeds in favour of the appellant, one dated 28th March, 1927, and the other dated I2th June, 1930. The first document was for the principal amount of Rs. 8,000 carrying interest at the rate of As. 14-6 ps. per cent per month from the date of the deed and the second mortgage deed was for the principal sum of Rs. 3,000 carrying compound interest at the rate of annas 15 per cent per month. The properties mentioned in Schedules A, B and C attached to the plaint were mortgaged under the first mortgage, while the properties mentioned in Schedules D and E in addition to the properties mentioned in Schedules A and B were mortgaged under the second document.

(3.) The mortgagee, as he was bound to do under section 67-A of the Transfer of Property Act, combined both the mortgages and instituted O.S. No. 27 of 1936 on the file of the Subordinate Court, Masulipatnam, to recover the amount due under the aforesaid two mortgages. He claimed a sum of Rs. 16,500 as the amount due to him under the first mortgage. Under the second mortgage, after calculating interest, he arrived at the figure of Rs. 5,668-6-0 and, out of that amount he gave up Rs. 4,668-6-0 and claimed Rs. 1,000 as the amount due to him. In all, he claimed in the plaint a sum of Rs. 17,500, under both the mortgages. He gave up a portion of his claim, presumably because, at the time he filed the suit i.e., in 1936, the properties might not have been sufficient to recover the entire amount due under both the mortgages. On 8th November, 1937, the learned Subordinate Judge passed a preliminary decree. It showed that the plaintiff claimed only Rs. 16,500 as the principal under the first bond and Rs. 1 ,000 as the principal under the second bond. Under the decree, a sum of Rs. 19,490-12-0 was found to be due to the plainttiff.