SARMUS SAB Vs. ISMAIN SAB

JUDGEMENT

(1.) THIS appeal by the first defendant is directed against the judgment and decree passed by the Court of Additional civil Judge (Sr Dn ), Bellary in R A No. 48/ 1999 dated 17-6-2003 dismissing the appeal and confirming the judgment and decree passed by the Court of II Addl. Civil judge (Jr. Dn.), Bellary, in O. S. No. 759/ 1993, dated 30-3-1999 decreeing the suit of the plaintiff for redemption of mortgage and directing the defendant to deliver possession of the schedule property to the plaintiff.

(2.) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the trial Court are as follows : the plaintiff filed the suit seeking for redemption of mortgage against the first defendant and for delivery of possession of the schedule property in favour of the plaintiff. Defendants 2 and 3 have been impleaded since they are tenants in possession of the schedule property.

(3.) IT is averred in the plaint that plaintiff is the son of Mohammad Haneef who died about thirty years next before filing of the suit Kasimsab was his elder brother. Kasimsab executed a registered mortgage deed in favour of the first defendant for a sum of Rs 1,500/- and delivered possession of the property to the first defendant as a security for redemption of money of Rs. 1,500/- On 27-5-1977 after the death of kasimsab the plaintiff who is the brother of kasimsab is entitled to redemption of the schedule property The document contains other recitals in respect of the property which is clog on redemption and plaintiff is entitled to redeem the mortgage and obtain possession of the property. The first defendant has given portion of the property to second and third defendant on rent hence the plaintiff has impleaded them as defendants The plaintiff is ready and willing to pay the amount to the first defendant which was received by his brother Kasimsab under the registered mortgage deed and accordingly, plaintiff issued a notice on 29 9 1993 to the first defendant to receive Rs 1,500/- and redeem the mortgage and to deliver possession of the property The first defendant gave a reply to the said notice on 8-10-1993 which was received by the plaintiff on 4-11-1993 denying the mortgage and also denying the right of redemption to the plaintiff and wherefore the suit for redemption. The suit schedule property is the house property situated within the City Municipal limits of Bellary bearing assessment No 20, old No. 9 present door No. 10 and D. No 271 Cowl Bazar Mam Road, Bellary, as per the description in the schedule to the plaint