M DEVAIAH Vs. RAJA SINGH

JUDGEMENT

(1.) This is an appeal by defendants 3, 4, 5 and 7 against the judgment and decree dated October 19, 1974 made by the Civil Judge, Coorg, Mercara in O.S. No. 30 of 1969 on his file.

(2.) M.P. Rajasingh was plaintiff. M. Kuttappa was Defendant-1. Defendant-2 is the elder brother of Defendant-1 ; Defendant-4 is his wife ; Defendants 3, 5 and 7 are sons and Defendant-6 is his daughter.

(3.) Plaintiff instituted the suit on the following averments: Defendant-1 for the purpose of liquidating antecedent debts and for necessities of his family borrowed from plain-tiff a sum of Rs. 30,000/- securing the suit properties under a simple mortgage deed dated June 6, 1959. He undertook to repay the principal amount with interest at 5% per annum by May 30, 1961. He has described the properties as if they were his personal properties. Defendant-2 joined the execution of the deed since his name was found entered in the Jama Bandi records. Defendant-1 did not repay the loan neither the principal nor interest inspite of several requests and notices. All the defendants, however, are liable to pay the debt due under the mortgage deed. Plaintiff has claimed in all Rs. 45,750/- inclusive of Rs. 30,000/- as principal, Rs. 15,700/- as interest at 5% from June 6,1959 upto the date of the suit and Rs. 50/- as notice charges.