THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.815 OF 2010 DT.27.09.2011 Between: Mr.Dammalapati Ani & Ors … Appellants And Mr.Nallapureddy Nagi Reddy … Respondent Counsel for the Appellants: Sri Sricharan Telaprolu Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.815 OF 2010 JUDGMENT: The appellants are the defendants. The suit filed by the plaintiffs for recovery of advance money on the foot of mortgage deed was decreed by the I Additional Senior Civil Judge, Guntur in O.S.No.572/2006 by Judgment dated 27-11-2008. Aggrieved by the same, the appellants herein filed appeal in A.S.No.90/2009, on the file of Principal District Judge, Guntur, which was also dismissed. Aggrieved by the same, the appellants/defendants filed this Second Appeal. Learned counsel for the appellants submitted that the property mortgaged is a joint family property and the advance was not obtained for the benefit of the joint family, but for the personal expenses of one Mr. Dammalapati Siva Sankara Rao, who executed the said mortgage deed. The trial Court held that though the property belongs to the joint family the deed was executed by Mr.Dammalapati Siva Sankara Rao in the capacity of the Manager of the Hindu Joint Family Property, and therefore, it is binding on the other legal heirs. The trial Court further held that the money was not borrowed for his personal expenses, but for the purpose of family expenses. The trial Court further held that DWs.1 and 2 did not state anything that Dammalapati Siva Sankara Rao contracted the debt for any immoral or illegal purpose and in the absence of any evidence that the debt is contracted for illegal or immoral purpose, it can safely conclude that the debt is for legal purpose and is binding on the joint family properties. The lower appellate Court also on re-appreciation of the entire evidence, both oral and documentary, confirmed the judgment of the trial Court. In view of the concurrent findings of both the Courts below, I do not see any substantial question of law that arise for consideration in the appeal. The Second Appeal is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 27.09.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH (The Judgment of the Bench delivered by Hon’ble Sri Justice V.Eswaraiah) SECOND APPEAL No.815 OF 2010 DATE: 27.09.2011 GRK