SORIMUTHU BHATTAR Vs. MAHAARAJA BHATTAR

JUDGEMENT

(1.) CHALLENGE in this civil revision petition is to the judgment and decree dated 24. 01. 2003 passed in Appeal Suit No. 28 of 2002 by the Principal District Court, Kanyakumari District at Nagercoil, wherein the judgment and decree passed in Original Suit No. 269 of 1996 passed by the Second Additional Subordinate Court, Nagercoil are set aside.

(2.) THE revision petitioner as plaintiff has instituted the Original Suit No. 269 of 1996 on the file of the Second Additional District Munsif Court, Nagercoil, praying to pass a preliminary decree on the basis of mortgage deed dated 16. 03. 1970.

(3.) IT is averred in the plaint that the property mentioned in the schedule is originally belonged to one Thanu Bhattar, the father of the plaintiff and the defendant and he died leaving behind him, his wife viz. , Kuppammal and three sons viz. , the plaintiff, defendant and one Chorimuthu Pattar as his legal heirs. During the life time of Kuppammal the aforesaid three sons have partitioned the estates of the deceased under a partition deed dated 30. 11. 1963. In the said partition, the property mentioned in the schedule has been allotted to the share of the defendant. On 16. 03. 1970 the defendant has executed a mortgage deed in favour of one Nalayini and thereby received Rs. 1,250/- and he has not discharged the same and subsequently, the wife of the plaintiff has got made over of the said mortgage deed on 12. 09. 1974. The wife of the plaintiff has passed away and despite of repeated demands of the plaintiff, the defendant has not discharged the amount mentioned in the plaint. Under the said circumstances, the present suit has been instituted for the relief of indicated supra.