GURRALA JAGGARAO Vs. GOPISETTI BHAASKARA RAMCHANDRA

JUDGEMENT

(1.) THIS is a defendant's first appeal against the judgment and decree dated 19th December 1949 of Sri S.C. Das, Additional Subordinate Judge of Berhampur, arising out of a suit for declaration of title, recovery of possession and for past mesne profits amounting to Rs. 1,500. The plaintiff also has prayed for future mesne profits till delivery of possession. The disputed land appertains to Patta No. 75 with an area 47.60 acres.

(2.) ONE Gurrala Kurmayya, who died in the year 1919 had three sons, Ramaswamy, Jaggarao and Ramamurty. The original defendant No. 1 was Jaggarao. His two sons are defendants 2 and 3 in the present suit. Defendant No. 4 is Ramamurty and defendants 5 and 6 are the sons of Ramaswami who died long before, the present suit. Defendant No. 1 died after the decree but before the appeal was filed. His sons were already parties and his widow Gurrala Ramulu has been made a party as defendant -appellant No. 9. Defendants 7 and 8 are strangers to the family and were made parties -defendants on the allegation ofthe plaintiff that they are in possession of portions of the disputed lands. They were ex parte.

(3.) IT is to be noted on the basis of the sale -deed dated 10th September 1918, no fresh consideration was paid but it was in full discharge of the first mortgage transaction. The second mortgagees Ippili Appanna and others brought a mortgage suit in the year 1925 in the Court of the Munsif of Chicacole for sale of the suit properties in enforcement of their simple mortgage transaction dated 3rd March 1915.