KRISHNAN Vs. MUTHU GOUNDER

JUDGEMENT

(1.) The Civil Revision Petition has been filed by the petitioner herein who is the plaintiff in O.S. 1282 of 1968 on the file of the District Munsif Court, Mettur against the order dated 28th April, 1989 in R.E.P. No. l61 of 1987. The present R.E.P. No. 161 of 1987 was filed under Order 21, Rule 11 of C.P.P. to deliver possession of the property in question. O.S. 1282 of 1968 was filed by the petitioner herein for usufructuary mortgage and for possession. One Chinnathambi Gounder, father of the respondents 1 to 16 herein was the defendant in the said suit. The said Chinnathambi Gounder filed O.S. 1051 of 1968 for declaration on his title to the suit property and for permanent injunction restraining the defendants therein from interfering with his possession of the suit property. The present. petitioner Krishnan was the 5th defendant in the said suit. Both the suits were tried together. The learned Principal District Munsif of Sankari decreed the suit O.S. 1282 of 1968 and dismissed the other suit filed by Chinnathambi Gounder in O.S. 1051 of 1968. The Court held that the petitioner Krishnan who is the plaintiff in the redemption suit is entitled to redeem the mortgage under Ex. A I. It is pertinent to notice that the suit property was usufructuary mortgaged by the plaintiff's vendors (Krishnan's vendors) for Rs. 500/- in favour of Chinnathambi Gounder, the defendant therein.

(2.) That in pursuance of the mortgage, Chinnathambi Gounder was put in possession of the property and that the plaintiff Krishnan purchased the property for Rs.2000/- undertaking to discharge the mortgage and therefore he is entitled to redeem the mortgage. It is also further stated that when the mortgage amount was offered, Chinnathxmbi Gounder was not willing to receive the amount and therefore the suit was filed for redemption and possession after depositing Rs. 500/- into the Court.

(3.) The learned District Munsif of Sankari also specifically held that the plaintiff Krishnan has deposited Rs. 500/- into Court. Aggrieved against the common judgment and decrees, Chinnathambi Gounder filed A.S. 117 of 1972 and A. S. 143 of 1972 on the file of the District Judge, Salem who by his judgment dated 20th August, 1973 dismissed both the appeals with costs. Chinnathambi Gounder thereafter filed Second Appeals Nos. 1390 and 1391 of 1973 against the judgment and decree in A.S. Nos. 117 and 148 of 1972 preferred against the decree of the Court of District Munsif of Sankari at Salem in O.S. 1051 and 1282 of 1968. The said Second Appeals were also dismissed by Ismail, J. (as he then was) on 28th April, 1976, confirming the judgment and decrees of the Courts below. Petitioner Krishnan thereupon filed two other Execution petitions in E.P. 114 of 1981, E.P. 203 of 1982 and also R.E.P. 161 of 1987 for delivery of the property pursuant to the decrees obtained by him.