KONCHADA RAGHUNADHA RAO Vs. PUSPA LOLANA SAMULU

JUDGEMENT

(1.) Defendant No. 1 is appellant against the preliminary decree in the suit for realisation of money based on simple mortgage.

(2.) CASE of plaintiff is that defendant No. 1 and his father took a loan of Rs. 3,400 / - from defendant No. 6 furnishing security by way of simple mortgage properties incorporated in the registered mort - gage deed dated 11 -12 -1965 stipulating to pay interest at the rate of 12 percent per annum. While the mortgage was subsisting, defendant No. 6 was in need of money and transferred the mortgage receiving Rs. 3.400/ -from plaintiff conveying all his rights and claims under the mortgage deed by executing a registered deed of transfer on 24 -1 -1967. When despite demand defendants did not pay back the amount, the suit was filed. - -

(3.) IN order to prove his case, plaintiff examined two witnesses and proved documents marked Exts. 1 to 4. Defendants examined one witness and proved documents, marked Exts. A and B. Considering the aforesaid documents, trial Court has decreed the suit which is grievance of defendant No. 1.