SYED NOOR MOHAMMAD Vs. SYED KHAJA MOINUDDIN

JUDGEMENT

(1.) THE second plaintiff in o. S. No. 2613 of 1979 on the file of the IX assistant Judge, City Civil Court, Hyderabad is the appellant. The suit was filed by the appellant and his brothers, respondents 3 and 4, against the sole defendant one Sri syed Abdul Sattar, the father of respondents 1 and 2 herein, for redemption of mortgage covered by a mortgage deed, dated 23-1-1950.

(2.) FOR the sake of convenience, the parties are referred to as arrayed in this suit.

(3.) IT was pleaded that the father of the plaintiffs mortgaged the property in favour of the first defendant (who died during the pendency of the suit) as a security for repayment of Rs. 4. 000. 00 in osmania Currency, equivalent to Rs. 3. 420. 00. A legal notice, dated 1-3-1971, was got issued, offering to pay the mortgage amount and requesting redelivery of the suit schedule property. Thereupon, the first defendant got issued a reply, dated 9-3-1971, stating that the father of the plaintiffs had executed a document, dated 2-9-1956, marked as Ex. B-53, expressing his inability to pay the borrowed amount and conferred rights of ownership upon him, vis-a-vis the property. The plaintiffs contended that the mortgage still subsisted. Certain other contentions were also urged. The defendants filed a written statement, almost repeating their stand, taken in their reply to the notice, dated 1-3-1971.