GOVINDARAJ (DIED) Vs. VALLIAMMAL(DIED)

JUDGEMENT

(1.) The plaintiffs are the appellants.

(2.) The plaintiffs filed O.S.No.280 of 1989 before the Additional District Munsif Court, Srivilliputhur for the relief of redemption of mortgage and for recovery of possession. The suit was decreed by the trial Court. The defendant filed A.S.No.50 of 1994 before the District Court, Srivilliputhur. The learned District Judge was pleased to allow the appeal and dismissed the suit. As against the same, the plaintiffs have filed the above second appeal.

(3.) The plaintiffs had contended that the suit property originally belonged to one Kuppusamy Naidu. The said Kuppusamy Naidu and his son Ramasamy Naidu have jointly mortgaged the suit schedule property under Exhibit Al on 20/8/1958 in favour of one Nachiar Ammal and Govindasamy. On 11/9/1965, the mortgagees have made over the mortgage under Exhibit A2 in favour of one S. K. Ramasamy. The said S.K. Ramasamy has made mover the mortgage on 21/5/1975 under Exhibit A3 in favour of the defendant. On 21/5/1975 under Exhibit A4 a sub mortgage was created by the original owner namely Ramasamy Naidu and his minor son in favour of the defendant. On 15/2/1977, the original owner Ramasamy Naidu and his minor son have executed a registered sale deed under Exhibit A5 in favour of one Kamalammal. The legal heirs of the Kamalammal are the plaintiffs. Along with the plaint, the mortgage money of Rs.15,000.00 was deposited and the plaintiffs prayed for redemption of mortgage and recovery of possession from the defendant.