S R SRIPATHI Vs. NARAYANA KANGINAYA

JUDGEMENT

(1.) This appeal is by the Plaintiff against the order of the Principal Civil Judge (Sr.Dn) and JMFC, Srirangapatna in RA. No. 17/2003 dated 20.7.2005 castifirmiiig the judgment and decree of the Civil Judge (Jr.Dn) Srirangapatna, passed in O.S. No. 103/1998 dated 4.12.2002.

(2.) For the sake of convenience, the parties are referred to in terms of their status before the trial Court.

(3.) As per the plaint averments, the Plaintiff owner of the suit schedule property, was running a hotel in the said suit properly and thereafter; shifted his business to Mandya fay letting the suit schedule property to the Defendant on lease along with furniture fixtures, utensils and other hotel equipments worth Rs. 10,000/- with monthly rent of Rs. 60/- and thereafter enhanced to Ra. 200/ - per month. However, for want of legal necessity, the Plaintiff, received a sum of Rs. 20,000/- from the Defendant and invested the same on Hotel business at Mandya and mortgaged the suit schedule property to the Defendant under a registered mortgage deed dated 27,9.1973. Further, the Plaintiff received a sum of Rs. 2,000/- earlier to the mortgage as an advance and agreed to pay the same at the time of redemption of the mortgage. From then onwards, the Defendant continued to be in possession of the suit schedule property as a mortgagee. Though the Plaintiff was ready to tender the mortgage amount, the Defendant neither accepted the mortgage money nor delivered the vacant possession of the suit schedule property with other accessories to the Plaintiff. Hence, the Plaintiff filed the suit.