H RAHAMATHULLA Vs. R MURUGAIYAN

JUDGEMENT

(1.) The second appeal is filed against the Judgment and Decree passed in A.S. No. 8 of 2004 dated 29.7.2004 on the file of the Learned First Additional District Judge, Fast-Track, Thanjavur, confirming the Judgment and Decree passed in O.S. No. 357 of 1998 dated 24.7.2003 on the file of the Learned District Munsif, Thanjavur. The suit O.S. No. 357 of 1998 is filed for redemption of the suit property and for possession.

(2.) The brief facts of the case is as follows:- The suit property is originally belonged to one Kalaiyalagan, he had usufructuarly mortgaged the property to one R. Murugaian by a registered mortgage deed dated 5.10.1989 for a sum of Rs. 10,000/-and the period of mortgage is seven years.

(3.) The plaintiff purchased the suit property by a sale deed dated 9.3.1988. The mortgage period was over as early as 5.10.1996. Therefore, the plaintiff issued a notice to the mortgagee and also to one V. Annadurai, who was in possession of the property under an arrangement with the mortgagee. As there was no reply, the suit is filed for redemption of mortgage and for possession against the mortgagee and as well as against the person who is in possession.