VASANTHAMMA Vs. SIDDAVEERAPPA

JUDGEMENT

(1.) This appeal is by the 8th defendant against the judgment and decree passed in R.A. No. 11 of 1999, dated 27-5-2004 on the file of Additional District Judge, Mandya and confirming the judgment and decree dated 16-10-1999 in O.S. No. 5 of 1991 on the file of Additional Civil Judge, Senior Division, Srirangapatna.

(2.) Respondent 1, deceased-respondent 2 and respondent 3 were the plaintiffs in the Trial Court. Suit is one for declaration declaring that the plaintiffs are the owners and have got the right of redemption of mortgage dated 10-6-1957, for delivery of possession of the suit schedule property and consequently for mesne profits.

(3.) Case of the plaintiff is that, they are the brothers living in a joint family. The first plaintiff is the elder brother and was the manager of the joint family. They were natives of Vadesamudra Village, Kasaba Hobli, Pandavapura Taluk, now residing at Bangalore. For the family necessity towards discharge of old debts, they borrowed Rs. 300/ - from defendants 1 to 3 by mortgaging the suit schedule property under a registered usufructuary mortgage deed dated 10-6-1957. Defendants 1 to 3 were put in possession of property for a period of 12 years. After harvesting the crop in January 1969, defendants 1 to 3 were required to redeem the mortgage. However, despite of the plaintiffs' demand, defendants 1 to 3 did not redeem the mortgage. It is thereafter, the plaintiffs made preparation to file a suit for redemption, at that time they came to know (in January 1991) that defendants unlawfully and the plaintiffs went to the Sub-Registrar's office and found that defendants 1 to 3 have created a transaction with 4 to 8. Accordingly, defendants 4 to 8 were impleaded in the suit.