CHELLAYYAN ALIAS CHELLAPPAN Vs. REMA DEVI

JUDGEMENT

(1.) THE defendant in Original Suit No.494/1996 on the file of the Court of Additional District Munsif, Kuzhithurai is the appellant herein. THE said suit was filed by the respondent herein as plaintiff on the file of the First Additional District Munsif, Kuzhithurai, for redemption of mortgage and recovery of possession of the immovable property, which was the subject matter of the mortgage. THE suit was decreed by the trial court by its judgment and decree dated 08.02.1999, but the same was reversed by the first Appellate Judge, namely learned Subordinate Judge, Kuzhithurai by judgment dated 10.12.2009 made in A.S.No.29/1999 on the file of the said court. Challenging the judgment and decree of the first appellate court dated 10.12.2009 made in A.S.No.29/1999, the present second appeal has been filed.

(2.) BEFORE admission, the records were called for from the lower appellate court and the same are available in this court for reference in this second appeal. The respondent has also entered appearance through counsel and the counsel appearing on either side agreed for the disposal of the second appeal on merit at the time of admission itself. Hence arguments advanced on both sides were heard. The materials available on record were also perused.

(3.) IN the above written statement, the defendant has also taken a plea that the said Mortgage (xj;jp) Deed having been executed on behalf of the minors also, the same is void and hence the suit for redemption and recovery of possession is not maintainable.