SAMBANDASAMI MUDALIAR Vs. RAMASWAMY MUDALIAR

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the learned Principal Subordinate Judge, Cuddalore, in A.S.No.38 of 1984 dated 25.6.1985, confirming the judgment of the learned District Munsif, Cuddalore, in O.S.No.1206 f 1980 dated 21.1.1984.

(2.) THE first defendant in the suit is the appellant in the above second appeal. THE plaintiffs filed the suit for holding that the suit mortgagee created on 14.6.1972 be redeemed and discharged on the plaintiff's depositing a sum of Rs.900 and ordering delivery of possession of the property to the plaintiffs through Court.

(3.) ON the merits of the second appeal the findings rendered by both the Courts below pertain to pure questions of fact which cannot be set aside in this second appeal. The defence of the appellant in the redemption suit was one of denial of the execution of the mortgage itself. The Courts below on a very detailed consideration of the evidence have concurrently found that the mortgage as pleaded by the plaintiffs was true and that the first defendant was in possession of the property only in the capacity of a mortgagee. Learned counsel for the appellant has not been able to convincingly establish how the said findings were in any manner illegal or perverse.