This appeal is filed in pursuance of a certificate granted by the High Court.
O.S. No.
Venkanna as receiver filed three suits on the foot of three mortgages in favour of Ramamurti.
These three items of properties are the subject matter of this appeal.
The appeal against the Subordinate Judges judgment came up for hearing before Justice Satyanarayana Raju and Justice Venkatesam of the Andhra Pradesh High Court.
443 of 1918 was filed on the, foot of another mortgage in favour of Ramamurti executed in 1904 and items 2 and 5 of the plaint schedule properties were purchased in execution of decree in that suit.
From the judgment and Decree dated the 21st September 1965 of the Andhra Pradesh High Court in A.S. No.
34 of 1916.
One was O. S. No.
It is unnecessary for the purpose of this appeal to refer to the third suit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In that suit he got a decree against Narasimham for a sum of Rs.13,539/ as she failed to furnish security as originally decreed by the companyrt.
1817 of 1967.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. Venkanna, the father of the appellants, had a brother Ramamurti who died childless in the year 1908 leaving behind him his widow Narasimham.
After that finding was received they allowed the appeal in part and held that the plaintiff would be entitled to a 19/34th share of item 1, and 12/23rd share of items 2 and 5.
The learned Judges called for a finding with regard to the interest on the two mortgages in execution of the decrees in which items 1, 2 and 5 had been purchased, relating to he period before Ramamurtis death and the period after Ramamurtis death.
The Subordinate Judge who tried the suit held that items 1, 2 and 5 become accretions to the main estate of Ramamurti and therefore the plaintiff was entitled only to an account of the income from those properties till the death of Venkanna.
Venkanna filed O.S. No.
After Ramamurtis death a series of litigations started between Venkanna and Narasimham and it is number over yet.
R. Choudhury and Veena Khanna, for the appellants.
Venkanna died in 1947 and Narasimham in 1951 after executing a will bequeathing in favour of her brother Venkata Sattayya all her properties.
K. Ramamurthi and J. Ramamurthi, for the respondent.
In execution of that decree item 1 of the A Schedule properties was purchased in companyrt auction.
508 of 1959.
14 of 1913 against the widow in respect of acts of waste companymitted by her of Ramamurtis estate and was appointed a receiver in that suit.
Venkata Sattayya filed the suit, out of which this appeal arises, for possession of the properties bequeathed to him under the will and for mesne profits.
