MUDDUSAMI SIDDAPPA; KRAMADHATI SOORAPPA Vs. BHASKARA LAKSHMI NARASAPPA

JUDGEMENT

(1.) The defendants are the appellants in these two connected second appeals. The suit was brought by the reversioners after the death of a Hindu widow for possession of properties improperly-alienated by her to the appellants. The alienations are evidenced by the documents Exhibits XII, XIII and XIV, dated 5th February 1876.

(2.) The lower Appellate Court came to the following findings of fact: (a) Of the Rs. 1,600, the total purchase-money mentioned in these three documents, about Rs. 1,300 went towards the discharge of debts which had been incurred by the last male owner. (See Exhibits I, II series, IV series, VII, VIII and XVI.) (b) Rupees 115 was due under a document, Exhibit XI, executed by the widow herself and Rs. 175 was paid in cash.

(3.) Out of the Rs. 1,300 which went towards the discharge of the husband s debts, Rs. 1,200 was due under two usufructuary mortgage-bonds and a conditional sale-deed (see Exhibits I, II and IV), which had been executed for a total principal sum of Rs. 2,100. This sum of Rs. 2,100 had become reduced to Rs. 1,200 owing to the very favourable terms contained in the two usufructuary mortgage-deeds, namely, that the usufruct of the land should go wholly in satisfaction of the principal amounts without any liability on the mortgagor s part to pay interest unless he obstructed the enjoyment of the lands by the mortgagees.