Decided on July 23,1969

MALLANNA Appellant
ERAMMA Respondents


- (1.)The appellants are the defendants who were sued by the plaintiffs for possession and mesne profits with respect to a land which had been mortgaged by a certain Hanumavva who was the mother-in-law of the first plaintiff and the grand-mother of others. The case of the plaintiffs was that the mortgage was a self redeeming mortgage, and that the liability under the mortgage deed had come to an end after the expiry of the stipulated period. The defendants resisted the suit on more than one ground, but the Court of first instance overruled their defence and made a decree in favour of the plaintiffs for possession and mesne profits at Rs. 200 a year.
(2.)From that decree there was an appeal by the defendants and a cross-objection by the plaintiffs with respect to mesne profits awarded which, according to the plaintiffs, were not sufficiently adequate. The lower appellate Court dismissed the appeal preferred by the defendants and allowed the cross-objection and enhanced the mesne profits to a sum calculated at Rs. 400 a year.
(3.)The defendants appeal.

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