S SULOCHANA Vs. G ABDUL KAREEM

JUDGEMENT

(1.) The First Appellant/First Defendant during her life time has preferred the present Appeal before this Court as against the Judgment and Decree dated 31.10.1990 in O.S.No.8539 of 1985 on the file of the Learned II Assistant Judge, City Civil Court, Chennai.

(2.) During the pendency of the Appeal, since the First Appellant/First Defendant died, her Legal Representatives, the second and third Appellants have been brought on record.

(3.) The trial Court viz., the Learned II Assistant Judge, City Civil Court, Chennai, on an appreciation of oral and documentary evidence on record, while passing the Judgement in the main suit filed by the Respondents/Plaintiffs has among other things observed that 'the First Appellant/First Defendant has not utilised her right of redeeming the suit property though she possessed the same and since the suit mortgage amount has not been paid she is not entitled to redeem the Mortgage property from the date of Auction sale of the suit property bided by the Plaintiffs and further, the trial Court has come to the conclusion that the Respondents/Plaintiffs have absolute right in the suit property and also that the damages claimed by the Respondents/ Plaintiffs in the suit are correct and resultantly, decreed the suit with costs and further directed the Defendants 1 to 4 to hand over the vacant possession of the suit property within four months from the date of their vacating.