M GULLAPPA Vs. KRISHNAMMA

JUDGEMENT

(1.) THIS Second Appeal has been filed against the judgment and decree, dated 17.12.1997, made in A.S.No.173 of 1996, on the file of the Subordinate Judge, Hosur, confirming the judgment and decree, dated 18.03.1996, made in O.S.No.49 of 1987, on the file of the District Munsif, Hosur.

(2.) THE plaintiffs in the suit O.S.No.49 of 1987, are the appellants in the present second appeal. THE suit had been filed by the plaintiffs praying for the reliefs of declaration, permanent injunction and for redemption.

(3.) IT has been stated by the plaintiffs that the suit properties belonged to the first plaintiff, his elder brother Uchallappa the father of the second plaintiff and their mother Ellamma. All the three had mortgaged the suit properties to the first defendant for a sum of Rs.2,000/-, on 27.3.1974, under Exhibit A.1. In lieu of the interest, the first defendant was put in possession of the suit properties. The executants had the option to redeem the suit properties after a period of five year but before 6 years from 27.3.1974.