The duty of the courts to uphold the truth and do justice, and the power of the court to give directions for the purpose of finding out the truth involved in the case.

This Second Appeal is focussed animadverting upon the judgment and decree dated 22.02.2012 passed in A.S.No.14 of 2011 by the learned Principal Subordinate Judge, Tiruppur in confirming the judgment and decree passed in O.S.No.212 of 2006 dated 27.01.2011 by the learned District Munsif, Palladam.

2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

3. A re'sume' of facts absolutely necessary for the disposal of this Second Appeal, would run thus:

(a) The plaintiffs filed the suit seeking the following reliefs:

"(1) For redemption against the defendants;

(2) To direct the defendants to redeliver possession of the schedule mentioned property;

(3) To direct the defendants to return the plaintiffs the mortgage deed, title deeds relating to the mortgage property and all documents and other connected papers;

(4) To declare that the Assignment mortgage dated 30.04.1955 herein as null and void as not binding on the plaintiffs;

(5) To declare that the sale deed dated 06.02.1973 herein as null and void as not binding on the plaintiffs;

(6) To declare that the will dated 20.11.1998 herein as null and void as not binding on the plaintiffs;

(7) To declare that the sale deed dated 16.09.2004 in favour of second defendant herein as null and void as not binding on the plaintiffs; and

(8) For costs.

(extracted as such)

(b) The gist and kernel of the averments in the plaint would run

thus:

Originally the property belonged to one Karuppakkal, wife of Marappa Gounder, mother of P1 to P3 and one late Ganapathi Ammal. Karuppakkal, the original owner of the suit property, by virtue of the sale deed dated 30.06.1941, created usufructuary mortgage, vide mortgage deed dated 19.10.1944 in favour of one Masa Gounder and delivered possession of the said property as revealed by Ex.A2. As per the Mortgage Assignment Deed dated 30.04.1955, Ex.A3, the said Masa Gounder assigned the mortgage in favour of one Palani Gounder, son of Kasi Gounder. The terms of the mortgage are that the mortgage amount of Rs.100/- was expected to be paid by the mortgagor to the mortgagee within a period of five years from the date of mortgage and if he fails to do so, then he could pay the amount on any subsequent year during the month of 'chithirai' and redeem the mortgage.

(c) According to the averments in the plaint, the mortgage could be redeemed at any time during the month of 'Chithirai' in any year for that matter. Consequently Karuppakkal died intestate on 28.04.1949 leaving the plaintiffs as her legal heirs. The plaintiffs were under the impression that the mortgagee Masa Gounder was in possession of the suit property and when they wanted to redeem the mortgage, to their shock and surprise they came to know that the second defendant/Chennimalai Gounder was in possession and enjoyment of the suit property. The plaintiffs applied for an encumbrance certificate and made search and found the plaint documents 1 to 5. The said mortgagee assigned the mortgage in favour of Palani Gounder as per the assignment deed dated 30.04.1955, however without informing the plaintiffs about such assignment. Palani Gounder sold the suit property in favour of one Thannasi by virtue of Ex.A4, the sale deed dated 06.02.1973. Subsequently, the deceased Thannasi's son Muthusamy sold the suit property in favour of Chennimalai Gounder. Hence the suit.

(d) Per contra, in a bid to torpedo and pulverise the arguments as put forth and set forth on the side of the plaintiffs, D2 filed the written statement, which was adopted by D1, the warp and woof of it would run thus:

The plaintiffs are bound to prove the averments in the plaint. The suit property did not belong to Karuppakkal. However, it was the absolute property of Masa Gounder by virtue of the sale deed dated 28.08.1944. Thereafter, he sold the suit property in favour of Palani Gounder, vide the sale deed dated 30.04.1955. Thereafter, the said Palani Gounder sold the suit property in favour of one