SONNAKKA AND Vs. DOMBARA MUNEKKA

JUDGEMENT

(1.) The plaintiffs arc the appellants. The suit is for redemption of a mortgage dated 8-6-1925, the copy of which is marked as Exhibit H. One Muneppa is said to be the owner of the property. He died about 30 years before the suit leaving behind, five daughters to succeed him. The two plaintiffs are his daughters. The other daughters were Munemma, Venkatamma and Lakshmamma. Munemma is dead and the fifth defendant is her son and also heir, Venkatamma died without issues. Lakshmamma died unmarried. Hence it is claimed that the plaintiffs and the fifth defendant are the present owners of the suit property. They are tenants in common.

(2.) Venkatamma executed a usufructuary mortgage of the suit property in favour of the first defendant for Rs. I70/- on 8-6-1925. This was done without the conjunction of her other sisters. Her husband who joined in the execution of the mortgage deed had no right or interest in the property mortgaged. The plaintiffs have sued for redemption of that mortgage. The 5th defendant has been impleaded as a co-owner.

(3.) The redemption is opposed by defendants 1 to 3 on the following grounds : --