SHANMUGATHAMMAL Vs. GURUNATHAN

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the Judgment and decree dated 24.09.1987 passed in Appeal Suit No.87 of 1986 by the Sub Court, Tenkasi, wherein the Judgment and decree passed in Original Suit No.53 of 1982 by the District Munsif Court, Ambasamudram are reversed.

(2.) THE appellants herein as plaintiffs have instituted Original Suit No.53 of 1982 on the file of the trial Court for the reliefs of redemption and recovery of possession, wherein the present respondents have been shown as defendants.

(3.) IN the reply statement filed on the side of the plaintiffs, it is averred that as per the terms of mortgage deed dated 17.02.1956, the first defendant has been directed to enjoy the suit properties in lieu of interest payable under the mortgage created in the name of the wife of the first defendant on 30.06.1952. It is false to contend that the Court auction purchaser viz., Sankarapandian Pillai has derived title to the suit properties by virtue of his alleged purchase. The said Sankarapandian Pillai has purchased the suit properties through the Court auction on behalf of the father of the plaintiffs. The said Sankarapandian Pillai is nothing, but an ostensible owner. Further he is nothing, but a name lender and in benami he purchased two items of suit properties through Court auction. The first defendant as mortgagee of Narayana Pillai cannot set up adverse to his interest. Under the said circumstances, the suit is liable to be decreed as prayed for.