RAGHAVIAH AND OTHERS Vs. VENKATESAPPA AND OTHERS

JUDGEMENT

(1.) Two questions that arise in this second appeal are (i) whether the Exs. SI and S2 (Exs. A3 and A4 copies) are mortgages by conditional sale or outright sale; and (ii) Whether the suit filed by the sons and wife of the executant, a Hindu Joint family manager, even while it is not proved that he is dead or not found for seven years, in sustainable.

(2.) The plaintiffs 1 to 3 are the sons and the fourth plaintiff is the wife of the second defendant. Second defendant executed Exs. B1 and B2 deeds respectively dated 17-4-1970 and 28-4-1970 in favour of the first defendant who is now dead and defendants 3 to 7 are his legal representatives.

(3.) The case of plaintiffs is that the suit properties viz., plaint schedules 'A' and 'B' are the joint family properties of the plaintiffs 1 to 3 and the second defendant, and the second defendant as the manager of the joint family executed Exs. B1 and B2 mortgages by conditional sale in favour of the first defendant respectively for Rs. 500.00 and Rs. 1,500.00, and the period of redemption was fixed as five years and the first defendant was given possession of the properties in lieu of S interest. Second defendant had run away from the village about three years ago and his whereabouts are not known and when the plaintiffs approached the first defendant for redemption of mortgages the first defendant insisting on the presence of the second defendant was not compiling with their request. On these grounds the plaintiffs have filed the suit for redemption.