KAMBALA VENKANNA Vs. GOTETI VEERARAJU

JUDGEMENT

(1.) The purchaser from the plaintiff who was made a supplemental respondent in the lower appellate Court is the appellant in this second appeal.

(2.) The facts of the case are stated clearly in the judgments of the Courts below and need not be re-stated in detail. For the purposes of this second appeal which raises only one point, the only facts relevant are these : The plaintiff sued for contribution from the third item of the property, the owner of which is the second defendant who had purchased it from the first defendant. Items 1 and 2, along with the third and some other items, were subject to a first mortgage. Some of these items were subject to a second mortgage also. We are not concerned with the second mortgage or with items other than items 1, 2 and 3 in this second appeal. Plaintiff's father became the purchaser of items 1 and 2 in execution of a small cause decree in S.C. No. 84 of 1902 and after him the plaintiff came into possession of the same. The first defendant had become the owner of the third item and had sold it to the second defendant. The first mortgagee's son filed O.S. No. 54 of 1910 in the Ellore Sub-Court impleading the first defendant also among others and obtained a decree and in execution thereof brought items 1 and 2 for sale on 30 June, 1913 and from the proceeds realised his decree amount. The third item which was also subject to the first mortgage was not proceeded against in execution. The plaintiff instituted the suit, out of which this second appeal arises, on 30 June, 1925, for contribution from item 3 also rateably according to its value since it was included in the original mortgage. The defendants denied the plaintiff's right to contribution.

(3.) The District Munsiff granted the plaintiff a decree on 30 September, 1927, for contribution from the third item. It was held by him that this item was liable to contribute Rs. 316-4-0 towards the decree debt (see issue 17). It was also held (see issue 15) that the plaintiff was entitled to claim interest on the amount from the date of the registered notice Ex. F, 28 February, 1917, issued by him claiming the amount and interest. In appeal by the second defendant the lower Court's decree was confirmed with regard to -the amount decreed but the learned Judge disallowed the interest which had been allowed from the date of notice till the date of the lower, Court's decree.