KURALLA SURYANARAYANA Vs. AKUMURI PURNACHANDRA ROW

JUDGEMENT

(1.) When the facts of this case are understood the decision of the appeal presents no difficulty.

(2.) On the 19 May, 1936, the land in suit was bought by two brothers, A. Brah-mayya Sastri and K. Suryaprakasa Rao. They are referred to in the judgment of the trial Court as " the Sastri brothers " and it will be convenient to refer to them as " the Sastri brothers " in this judgment. They bought the land in their own name. The money belonged to their nephew, the first defendant in the suit. With the balance of the money belonging to the first defendant they commenced to build a house on the land. The money was not sufficient to complete the building and in order to raise further funds they mortgaged the property to the second defendant on the 20 August, 1936, to secure a loan of Rs. 2,000.

(3.) In Original Suit No. 434 of 1937, one K. Ramabrahmam had obtained a money decree against the Sastri brothers and in execution had attached the property in suit. On the 30th July, 1938, the first defendant, who is a nephew of the Sastri brothers, filed a claim petition in the execution proceedings. He averred that the property belonged to him. This application was dismissed and the sale then took place. At the auction the plaintiff bought the property for Rs. 1,020, subject to the mortgage of the second defendant. On the 12 September, 1938, the first defendant filed Original Suit No. 380 of 1938 under the provisions of Order 21, Rule 63 to establish his right to the property. On the 25 September, 1939, the suit was dismissed. The first defendant appealed and his appeal was allowed on the 23 December, 1940. The plaintiff then appealed to this Court, but he was unsuccessful. His appeal was dismissed on the 25th September, 1941.