Chennai Court July 1952 Judgments

Thanubuddi Venkatappa Reddi and anr. Vs. Gopavarapu Brahmayya and ors.

Court: Chennai

Reported in: AIR1953Mad1000; (1952)2MLJ448

Chandra Reddi, J.1. Defendants 4 and 5 are the appellants. The suit which has given rise to this second appeal was instituted by the first respondent in the court of the District Munsif of Guntur for recovering a sum of Rs. 800 with interest that has accrued thereon, on a mortgage executed in his favour by the first defendant and his two minor sons, the Second and third defendants, on 10-5-1943, after declaring that the mortgage in favour of the fourth defendant is a sham and nominal transaction and that the plaintiff is entitled to be treated as the first mortgagee.2. Defendants 1 to 3 executed a mortgage on 1-5-1943 in favour of the fourth defendant which mortgage was assigned to the 5th defendant by the fourth defendant for consideration. As soon as the plaintiff came to know of the existence of the mortgage in favour of the fourth defendant, he instituted criminal proceedings against the first defendant under Section 420, J. P. C. alleging that the first defendant cheated him by no...