SUDDAPALLI RAMAIAH Vs. EMANI SAMBI REDDY

JUDGEMENT

(1.) This reference by a Bench has come before us because of a conflict between two decisions of the Madras High Court with regard to the construction of Section 19(2) read with Section 16 of the Madras Agriculturists Relief (Amendment) Act (Act XXIII of 1948).

(2.) Certain properties belonged to two persons Yegniah and Hanumantha Rao. Yegniah held a 1/3 share and Hanumantha Rao held 2/3 share in the said properties. These properties were mortgaged with the Chapalamadugu Rangiah who brought a suit on the basis of the mortgage being O. S. No. 39/31 on the file of the Sub Judge, Baptala. A preliminary decree was passed in 1936 for Rs. 43200.00 as against (1) Suddapalli Ramamurty; (2) Suddapalli Satyanarayana, (3) Suddapalli Subbarao, (4) Suddapalli Ram-aiah, (5) Suddapalli Venkatramaniah.

(3.) The defendants 3 to 5 filed appeals against the above decree, and the decree-holder also preferred an appeal. The decree was modified by the High Court and the High Court awarded a sum of Rs. 30931-6-8 by its judgment dated 28-10-1940. The High Court directed payment by the defendants by 27-4-1941.