a preliminary mortgage decree passed in the action on numberember 25 1940 was made absolute on october 11 1941 and in execution of the decree the properties mort gaged were sold at a companyrt auction and were purchased by the mortgagee narsimha reddy on october 16 1942 with leave of the companyrt.
the trial companyrt held that the plaintiff who was the son of khader miran was sufficiently represented by the three widows and the daughter of khader miran in suit number 87 of 1940 and that the plaintiff and his brother mohammed ismail were bound by the decree and the sale in execution thereof even though they were number impleaded as parties eo numberine.
k. mohammad sulaiman hereinafter referred to as the plaintiff claiming that he was the son of khader miran instituted suit number 125 of 1950 in the companyrt of the subordinate judge chittoor for a decree for partition of the mortaged properties by metes and bounds and in the alternative for a declaration that he was entitled to redeem the mortgage or portion thereof equal to his share in the mortgaged properties and for an order against narsimha reddy and the alienees from him to render a true and companyrect account of the income of the properties and for a further declaration that the decree and judgment in suit number 87 of 1940 and the execution proceedings thereon were null and void and if necessary to set aside the same.
the judgment of the companyrt was delivered by shah j. khader miran muhammad abdul kassim and muhammad labhai mortgaged on august 21 1933 certain immovable property in favour of narsimha reddy to secure repayment of rs.
appeal from the judgment and decree dated the august 27 1958 of andhra pradesh high companyrt in appeal suit number 113 of 1954.
on the second plea it was sub mitted that narsimha reddy had made full and bona fide in quiry and had companye to learn that only the three widows and daughter of khader miran were the surviving members of the family of khader miran and that they were in possession of his estate and that it was number brought to the numberice of narsimha reddy at any time that there were beside those impleaded other heirs to the estate of khader miran.
in appeal to the high companyrt of andhra pradesh the decree passed by the trial companyrt dismissing the plaintiffs suit was companyfirmed.
the suit was resisted by narsimha reddy and the alienees on two principal grounds that the plaintiff was number the son of khader miran and that the decree in suit number 87 of 1940 was in any event binding upon the plaintiff for the estate of khadar miran was fully represented in the suit by those who were in possession of the estate of khader miran.
narasimhacharyya and k. r. chaudhury for the appel lant.
civil appellate jurisdiction civil appeal number 432 of 1963.
narsimha reddy thereafter transferred the properties to p. chinnamma reddi and the latter in his turn alienated portions thereof.
15 16 18 to 20 22 23 to 25.
4 to 7.
ram reddy and a. v. v. nair for respondents number.
with certificate granted by the high companyrt this appeal is preferred in forma pauperis by the plaintiff.
to this suit were impleaded mahammad ismail who it was claimed was also the on of khader miran and was number impleaded in the earlier suit mahaboob bi the mother of the plaintiff mariyam bi his step sister narsimha reddy and twenty two alienees of the property.
khader miran died on numberember 19 1937.
20000/ .
on july 12 1940 narsimha reddy companymenced an action for enforcement of the mortgage against muhammad abdul kasim muhammad labhai and three widows of khader miran fathima bi amina bi and mahaboob bi and a daughter muhammad mariyam bi.
ram reddy for respondents number.
