MOHAMMED ILIYAS Vs. YASAR ARABATH

JUDGEMENT

(1.) This appeal has been filed by the first defendant in O.S.No.23 of 2013, challenging the judgment and decree dated 12.02.2016 in I.A.No.305 of 2015 on the file of the learned Additional District Judge, Periyakulam, which was an application for passing final decree.

(2.) O.S.No.23 of 2013 had been filed by S.Yasar Arabath against A.Mohammed Iliyas and Beer Syed, seeking a judgment and decree to pass preliminary decree on the strength of a mortgage deed dated 04.10.2012 executed by the 1st defendant A.Mohammed Iliyas in favour of the plaintiff. The mortgage amount was Rs. 19,00,000/- (Rupees Nineteen Lakhs only). The period of the mortgage was six months. The property mortgaged was land and building in Door No.52, Muslim Street, Kombai Municipality, Periyakulam measuring about 1606-+ square feet.

(3.) According to the plaintiff, the suit property originally belonged to Sarabeevi, W/o. Beer Mohammed Rowther and her children Mohammed Mustafa, Mohammed Ismail, Usai Meeralevai, Abdul Sukkur, Mohaideen Abdul Khader Jailani. They acquired title to the property by a settlement deed dated 14.05.1965. They had sold the property to P.Abdul Rahim by sale deed dated 12.12.1977. The 1st defendant was the son of M.Abdul Rahim. The said P.Abdul Rahim died on 28.02.1996. The suit property was inherited by his wife and the 1st defendant and his sisters. After the death of his mother, the sisters had executed a gift deed in favour of the 1st defendant by document dated 04.10.2012. On 04.10.2012 the 1st defendant mortgaged the suit property for a sum of Rs. 19,00,000/- to the plaintiff. It had been claimed by the plaintiff that the 1st defendant did not make any payment towards the mortgage amount. Consequently, the suit had been filed seeking a preliminary decree on the basis of mortgage deed dated 04.10.2012.