SABIRA JANU Vs. N.N. VENKATARAMANASWAMY

JUDGEMENT

(1.) By judgment and decree dated 09.10.2010 in O.S.No.5/2008 on the file of the Senior Civil Judge and J.M.F.C., Chintamani, suit filed by the plaintiff for declaration and injunction came to be decreed. Questioning the legality and correctness of the judgment and decree, this appeal is preferred by the legal representatives of deceased-defendant No.6- Hussain Beig.

(2.) The case of the plaintiff before the trial Court is briefly stated as under:

(3.) Defendant No.2 (son of Obaiah) filed written statement which has been adopted by defendant No.1 his mother and defendant Nos.3, 4 and 5, his brothers. The sum and substance of the written statement filed by defendant Nos.1 to 5 legal heirs of deceased-Obaiah is that deceased-Obaiah had purchased schedule property from defendant No.6-Hussain Beig under registered sale deed dated 18.12.1965 and eversince then, Obaiah was in possession of the schedule property. On 19.07.1971, Obaiah had mortgaged the schedule property in favour of plaintiff by obtaining a loan of Rs.7,000/-. Obaiah died on 09.12.2004 leaving behind defendant Nos.1 to 5 as his legal heirs. Defendant Nos.1 to 5 being the legal heirs of deceased-Obaiah-mortgagor approached the plaintiff for redemption of the mortgage, but there was no response from the plaintiff. Thereafter, defendant Nos.1 to 5 came to know that original defendant Nos.6- Hussain Beig and defendant No.7 colluded and created some fraudulent documents to knock off the property belonging to defendant Nos.1 to 5.