K M MAHADEVAPRABHU Vs. CHANDRASHEKARA SWAMY

JUDGEMENT

(1.) The present appellant was the plaintiff in O.S.No.18/2007 in the Court of Civil Judge (Sr.Dn.), T.Narasipura, (hence forth for brevity referred to as the 'trial Court' for short), had sued the present respondent for recovery of money of Rs.81,000/- with cost.

(2.) For the sake of convenience, the parties would be referred to as per their ranks before the trial Court.

(3.) The summary of the case of the plaintiff was that the plaint schedule property has been in possession and enjoyment of the defendant who executed an Agreement of Mortgage in his (plaintiff's) favour for a valuable consideration of Rs.50,000/-. The defendant received the consideration amount from the plaintiff before the witnesses. As per the Agreement of Mortgage, the defendant had also undertaken to execute a registered Mortgage Deed in accordance with law. Once the revenue entries in the revenue records became perfect in the name of the mortgagor as per the recitals of the Agreement of Mortgage, the defendant delivered the possession of the suit schedule property on the date of Agreement of Mortgage, which was on 28.2.2004. No specific period was mentioned in the Agreement of Mortgage and that the mortgagor was at liberty to return the mortgaged amount at any time and to take back his property from the possession of the plaintiff/mortgagee. The plaintiff raised paddy crops in the suit schedule property in the month of April 2004 and harvested the said crop. After six months, again plaintiff raised another paddy crop in the month of November-December 2004. When it was ready for harvesting, the defendant interfered in the possession of the plaintiff and also instituted suit in O.S.No.148/2005, in the Court of Civil Judge (Jr.Dn.), T.Narasipura, for permanent injunction. This made the plaintiff to incur loss of crop and he also sustained damage to the tune of Rs.30,000/-. The defendant dragged the plaintiff unnecessarily to the civil litigation. Thus, the plaintiff claimed a sum of Rs.81,000/- from the plaintiff stating that Rs.50,000/- was towards the principal amount as per the Agreement of Mortgage, Rs.30,000/- towards damages of the crop and the remaining Rs.1,000/- towards legal notice charges.