SURESH BABU Vs. M.R. SANTHA RAMAN

JUDGEMENT

(1.) The appellant before this court is the first defendant in O.S.No.167 of 1990 on the file of the I Additional District Munsif Court, Kumbakonam. The suit is laid for redemption of mortgage of which the first defendant is the mortgagee.

(2.) A preludial outline may be useful to in shrinking the narrative of the pleadings as the question ultimately required to be resolved is pegged on short legal frame. It is as below: The suit property has an extent of 1,500 sq. feet along with a house and it originally belonged to one Gangammal. Gangammal was married to one Lakshmana Iyer. In fact Lakshmana Iyer was married twice and his first wife was Nagamani Ammal and Gangammal was his second wife. Nagamani Ammal had two sons Ramamoorthy and Krishnasamy. Turning to Gangammal Branch, she had a son namely Paramasivam and he was married to Kamalam. Paramasivam had no issue and it is alleged that the suit property originally owned by Gangammal and her son Paramasivam and upon the demise of Paramasivam and Kamalam, Gangammal succeeded to the property and she has become its absolute owner. The suit property was under a tenancy with one Govindaraman. Be that as if may, on 29.09.1982 Gangammal had executed a mortgage deed in favour of her tenant Govindaraman for a sum of Rs. 8,000.00. This mortgage deed is marked as Ex.A1. On the same day, Gangammal had also adopted his nephew Suresh Babu, the present appellant under a registered adoption deed. This is available on record as Ex.B-8.

(3.) While the appellant was arrayed as a defendant in the redemption suit filed by the respondents 1 and 2, latter were not parties to the suit for eviction filed by the appellant against his tenant Govindaraman. While the suits stood thus, the trial Court opted to consolidate all the three suits, framed common issues and tried them. Evidence was recorded in the redemption suit.