It is number disputed in either case that the mortgagors are agriculturists.
165/67 and A.S. No.
In both Suits the mortgagors claimed that the debt should be scaled down in accordance with the provisions of the Madras Agriculturists Relief Act Madras Act IV of 1938 hereinafter referred to as the Madras Act .
CIVIL APPELLATE JURISDICTION C.A. Nos.
Thus in both cases the loans were incurred long before the Corporation was established on September 1, 1956 under the Life Insur ance Corporation Act, 1956.
45,555/ also due on a mortgage which was executed in 1952 by the defendants of this suit in favour of the Nagpur Pioneer Insurance Company Ltd., Bombay.
The Judgment of the Court was delivered by GUPTA, J. These are two appeals by the Life Insurance Corporation of India hereinafter referred to as the Corpo ration with special leave obtained from this Court against a companymon Judgment of the Andhra Pradesh High Court dispos ing of two appeals preferred by the Corporation.
Appeals by Special Leave from the Judgment and Order dated the 10 10 1969 of the Andhra Pradesh High Court in P.A. No.
K. Somnath Iyer, K.L. Hathi, P.C. Kapoor, for the appellant in both the appeals.
The ap peals before the High Court arose out of two suits insti tuted by the Corporation.
The other suit was filed in 1962 for recovery of about Rs.
1959 1960 of 1970.
Venkatarama Sastry, B. Parthasarthi, for respondents in CA 1959/70.
One of the suits was brought in 1961 for recovery of a sum of about Rs.
17,000/ , after giving credit to the payments made by the defendants, due on a mortgage executed by the defendants in 1950 in favour of the Andhra Insurance Company of Masu lipatnam.
Subba Rao, for respondents in CA 1969/70.
233/67 respectively .
