CHODEY SANYASI RAO Vs. CHEEKATI PARASURAM NAIDU DIED

JUDGEMENT

(1.) Aggrieved by the decree and judgment passed in OS No.49/77 on 17.7.1987 by the learned Subordinate Judge, Parvathipuram, the plaintiff has preferred this appeal.

(2.) The plaintiff is the appellant and the defendants are the respondents herein. The parties will be referred to as arrayed in the Court below.

(3.) The facts that led to the filing of this appeal, in brief are as under: The plaintiff filed the suit against the defendants for recovery of a sum of Rs.83,000/- due under a simple mortgage bond alleging that Defendants 1 to 7 herein constitute a Hindu Joint Family and Defendants 2 to 7 are the sons of the 1st defendant, who is the manager of the said joint family. The 8th defendant is a close relative of Defendants 1 to 7. The said joint family wanted to construct a Kandasari Sugar Factory at Artham Village in Srikakulam District for its benefit and, accordingly, Defendants 1 to 7 purchased machinery from N.E. Works Contractors Choday Surya Rao and others, on credit and in that connection, they had approached the plaintiff for financial assistance in a sum of Rs.50,000/- in order to pay the same to the said Choday Surya Rao and others being purchase money. The plaintiff lent the said amount under Ex.A1 mortgage bond, which was executed by Defendants 1 to 8. According to the plaintiff, the 8th defendant is a solvent person and therefore he insisted him to join as a party to Ex.A1 and accordingly he also joined in the execution of Ex.A1 as one of the parties thereto. Thus Defendants 1 to 8 have executed Ex.A1 registered mortgage bond for Rs.50,000/- mortgaging the plaint schedule property. The 2nd defendant herein passed a receipt under Ex.A2 in token of receipt of Rs.50,000/-, which is the consideration under Ex.A1 mortgage bond. As per the terms of Ex.A1, the entire principal amount has to be paid in two equal yearly instalments of Rs.25,000/- and the interest has to be paid every year and in case of default of payment of any one of the instalments, the plaintiff is at liberty to recover the entire amount due under Ex.A1 at once. In spite of repeated demands and Ex.A3 notice, the defendants did not discharge the debt due under Ex.A1.