AHAMED KHAN B Vs. PYARIJAN

JUDGEMENT

(1.) This second appeal is by the plaintiff in O.S. No. 254 of 1970 on the file of the Addl. Munsiff, Bhadravathi.

(2.) Plaintiff Ahmed Khan brought the suit O. S. No. 254/1970 on the file of the Munsiff at Bhadravati for recovery of Rs. 1360 in all from the defendants. Pyarijan and Shafi Rahman consisting of a sum of Rs. 1000 said to have been advanced to the defendants under a mortgage dated 2-11-68, Rs. 225 towards interest by way of damages, Rs. 110 the value of the general stamp paper used for the mortgage deed and Rs. 25 being the charge of the registered notice.

(3.) The material averments on the basis of which the suit was brought were as follows: The 1st defendant is the aunt of the 2nd defendant. On 2-11-68 both the defendants executed a mortgage deed in favour of the plaintiff for a sum of Rs. 2,000 and received an advance of Rs. 1000 on the date of the execution of the document which was Ex. P-1. It was agreed between the parties that the balance of the mortgage amount of Rs. 1,000 should be paid by the plaintiff at the time of registration of the document before the Sub-Registrar. The plaintiff paid Rs. 110 for the purcaase of the stamp paper. After the execution of the document, the plaintiff requested the defendants several times to go over to the Sub-Registrar's office and get the document registered after receiving the balance of the mortgage amount of Rs. 1000 from him but the defendants with ulterior motive, did not evince any interest in getting the document registered. The plaintiff ultimately caused a lawyer's notice to be issued to the defendants on 13-2-69, which was duly served upon the defendants but of no avail. Finally, he filed the suit against the defendants for the recovery of a sum of Rs. 1360 in all as stated above.