C RAGHUNANDAN Vs. K NAGESWAR RAO

JUDGEMENT

(1.) THE defendant in O. S. No. 1417 of 1993 on the file of the VIII Assistant Judge, City civil Court, Hyderabad, is the appellant in the Second Appeal. Respondents 1 to 3 filed the suit for the relief of redemption of mortgage, against the appellant. They prayed for a preliminary decree, through which, the appellant be directed to receive a sum of Rs. 16,000/-, as provided for under a document, dated 29. 04. 1977, and to execute deed of reconveyance in respect of the suit schedule premises, comprised in House nos. 14-9-30 to 34 and 14-9-1168 to 1170 situated at Jinsi Chau Rahi, Begum Bazar, hyderabad. Direction was also sought against the appellant preventing him from executing the order, dated 17. 11. 1992, passed by the IV Additional Rent Controller, hyderabad in R. C. No. 732 of 1987. A prayer for redelivery of possession of the property was also made.

(2.) IT was pleaded that the appellant is a professional money lender and in April 1977, the respondents approached him to lend some amount for the purpose of performing the marriage of their sister, by name, Kumari prasanna. The appellant is said to have insisted on the suit schedule property being offered as security, and that in view of the impending necessity, they have agreed for the same. It was alleged that on 29. 04. 1977, three documents were executed, viz. , (a) sale deed in favour of the appellant, (b) an agreement of sale by the appellant, and (c) a rent deed, enabling the respondents to remain in possession of the property, on payment of monthly rent.

(3.) ACCORDING to the plaint averments, the arrangement between the parties, was, one, of mortgage by conditional sale. Respondents 2 and 3 urged that though the rents were being paid regularly, the appellant was not in the habit of issuing receipts, and accordingly, obtained an order of eviction by filing R. C. No. 732 of 1987, by pleading default. It was pleaded that they were ready and willing to repay the amount borrowed by them, and in spite of their request to execute necessary documents in their favour, the appellant is dodging the matter, on one pretext, or the other.