POLINEDI HANUMAYYA (DIED) AND THREE OTHERS Vs. ADDANKI SRINIVASA RAO
HIGH COURT OF ANDHRA PRADESH
Polinedi Hanumayya (Died) And Three Others
ADDANKI SRINIVASA RAO
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(1.) This batch of appeals arises out of applications filed under section 19-A of Madras Act IV of 1938 by the debtors for a declaration that no sums were due under the documents executed by them or their predecessors in favour of the creditors. Though in some of the cases, the applications were made under section 9-A, they must be regarded as having been filed under section 19-A of Madras Act IV of 1938. The main question considered by the Courts below was as to the nature and character of the documents executed by the debtors. The trial Court held that all the documents were leases and that the respondents were not mortgagees in possession within the meaning of section 9-A and consequently dismissed the applications. On appeal, the Subordinate Jude of Ongole held in some cases that the documents were mortgages and in others that they were leases. He consequently allowed some appeals and dismissed the rest. Hence some of the appeals are filed by the creditors and the others by the debtors.
(2.) Mr. M.S. Ramachandrarao, the learned advocate for the appellants in some of the appeals, raised a preliminary objection that as against an order dismissing an application under section 19-A by holding that the documents were leases, no right of appeal is specifically provided under section 25-A and that consequently the lower appellate Court erred in entertaining the appeals and holding that some of the documents were mortgages and that those debts were discharged. Though this objection has not been taken in the grounds of appeal in some of the appeals, being a question of law, I permitted this objection to be raised in those appeals as well.
(3.) The first question that arises for consideration is, whether the appeals were properly entertained by the Subordinate Judge of Ongole. That turns upon the construction of Section 25-A, sub-clause(1)(c) which runs in the following terms:-
"An appeal shall lie from any of the following orders passed by a Court under this Act, as if such order related to the execution, discharge or satisfaction of a decree within the meaning of section 47 of the Code of Civil Procedure, 1908."
(c) An order under clause(a) of sub-section(4) of section 19-A declaring the amount due to the creditor or declaring the debt to have been discharged:;
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