N. HANUMANTHEGOWDA Vs. RAJAMMA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and also the learned counsel for the respondents.

(2.) The factual matrix of the case of the respondents before the Trial Court by filing a suit for redemption prayed the Court to pass a judgment and decree against the defendants, directing the defendants No.1 to 4 to receive the mortgage amount of Rs.1,000.00 and to execute the discharged Shara on original mortgage deed dtd. 22/9/1969 and deliver the vacant possession of the suit schedule property to the plaintiffs and defendants No.5 to 7 and direct the defendant No.8 not to disburse the compensation amount in respect of the suit schedule property in favour of the defendants No.1 to 4 pending disposal of the suit.

(3.) While seeking the said relief in the plaint, the respondents have made an averments that the husband of first plaintiff and father of second plaintiff by name Nanjappa was the absolute owner of the suit schedule property and he was in possession and enjoyment of the suit schedule property and that on 22/9/1969, the husband of first plaintiff and father of second plaintiff by name Nanjappa and the husband of defendant No.5 and father of defendants No.6 and 7 by name Ashwathaiah have mortgaged the suit schedule property in favour of mother of the defendants No.1 to 4 by name Smt.Narasamma W/o late M.Nanjappa of Obalapura Village for Rs.1,000.00. It is further submitted that, the said mortgage deed is usufractury mortgage and possession of the suit schedule property was delivered to the said Smt.Narasamma, who was none other than the mother of defendants No.1 to 4. At present defendants No.5 to 7 are not available to join as plaintiffs, they are also necessary parties, hence they are made as defendants No.5 to 7.