MOSUR SUBRAMANIA SASTRI Vs. SESHAMA RAJU

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 31 March 1944, which reversed a judgment and decree of the Court of the Subordinate Judge of Chittoor dated 7 July 1943.

(2.) The only question arising on the appeal is whether the appellant can properly claim, in the execution petition mentioned hereafter, an order for the sale of a village named Mylaravada. The Subordinate Judge has decided that he can, the High Court has decided that he cannot.

(3.) The facts of the case are not in dispute and are as follows. The village of Mylaravada belonged to the Raja of Karvetnagar. On 2 February, 1882, he effected a mortgage covering this village and another village in favour of D. Krishna Reddi and D. Venkatarami Reddi for about Rs. 33,000. On 21 February 1885, he created a second mortgage over the said villages in favour of the same persons for Rs. 6,500. On 6 March 1891, he mortgaged for the third time the same properties to one Seshama Raju, who is the predecessor in title of the respondent, for Rs. 7,500. On 9 June 1894, he created a fourth mortgage on the village of Mylaravada and many other villages in favour of Saravana Pillai and Gurusami Ayya for about Rs. 54,000. Subsequently Saravana Pillai acquired the interest of Gurusami Ayya and became the sole mortgagee. Saravana Pillai in his turn effected sub - mortgages of the properties comprised in his fourth mortgage. One of these sub - mortgages was dated 21 February 1902, and was in favour of one Pedda Subbaraya Chetti. In 1921 the appellant acquired the sub - mortgage rights of Pedda Subbaraya Chetti.