IMPORTANT POINT
Date of registration of sale deed cannot be taken as deemed knowledge of sale.

Subhash B. Adi, J.— This appeal is by the 8th defendant against the judgment and decree passed in R.A.No.1 I of 1999, dated 27.5.2004 on the file of Additional District Judge, Mandya and confirming the judgment and decree dated 16.10.1999 in O.S.No.5 of 1991 on the file of Additional Civil Judge, Senior Division, Srirangapatna.

2. Respondent 1, deceased respondent 2 and respondent 3 were the plaintiffs in the Trial Court. Suit is one for declaration declaring that the plaintiffs are the owners and have got the right of redemption of mortgage dated 10.6.1957, for delivery of possession of the suit schedule property and consequently for mesne profits.

3. Case of the plaintiff is that, they are the brothers living in a joint family. The first plaintiff is the elder brother and was the manager of the joint family. They were natives of Vadesamudra Village, Kasaba Hobli, Pandavapura Taluk, now residing at Bangalore. For the family necessity towards discharge of old debts, they borrowed Rs.300 from defendants 1 to 3 by mortgaging the suit schedule property under a registered usufructuary mortgage deed dated 10.6.1957. .Defendants 1 to 3 were put in possession of property for a period of 12 years. After harvesting the crop in January 1969, defendants 1 to 3 were required to redeem the mortgage. However, despite of the plaintiffs’ demand, defendants 1 to 3 did not redeem the mortgage. It is thereafter, the plaintiffs made preparation to file a suit for redemption, at that time they came to know (in Janbuary1991) that defendants unlawfully and illegally have created concocted documents and as such, immediately, the plaintiffs went to the Sub-Registrar’s office and found that defendants 1 to 3 have created a transaction with 4 to 8. Accordingly, defendants 4 to 8 were impleaded in the suit.

4. Plaintiffs case is that cause of action accrued to them in January 1969, when the period of mortgage came to an end in January 1991, when plaintiffs came to know of the illegal transaction and the suit was filed.

5. Defendants 1 to 7 did not chose to file any written statement and contest the suit. Defendant 8 alone filed a written statement, inter alia stating that he has purchased the suit schedule property under a registered sale deed dated 1.12.1983 and that he has been in possession and enjoyment of the suit schedule property and has also made improvements in the suit schedule property. He specifically alleged that suit is barred by time as the suit is not filed within 12 years from the date of first registered sale deed dated 25.1.1979 which is hostile to the interest of the plaintiffs and also alleged that he has perfected the title by adverse possession. Before the Trial Court, plaintiff 2 was examined as PW1 and in evidence, he produced Exs. P1 to P 14. On the behalf of defendants, defendant 8 got himself examined as DW1 and also examined DWs.2 to 5 in support of his case and got marked Exs. D 1 to D27 in his evidence.

6. The Trial Court based on the oral and documentary evidence held that plaintiffs are the owners of the suit schedule property and have proved that they are entitled for redemption of usufructuary mortgage created in favour of defendants 1 to 3 and further held that, the suit is in time. As against the judgment and decree of the Trial Court, defendant 8 preferred an appeal in R.A.No.11 of 1999. The lower Appellate Court by its judgment and decree dated 27.05.2004, on re-appreciation of the documentary and oral evidence, has confirmed the judgment and decree by holding that there is no error in the judgment and decree of the Trial Court. As against both the judgments, defendant 8 has preferred this appeal.

7. This Court, by an order dated 25.1.2010 admitted the appeal on the following substantial question of law:

“Whether the findings recorded by the Courts below are perverse and capricious as a result of the wrong application of Article 61 of the Limitation Act?”

8. Sri P. S. Manjunath, learned Counsel representing the ap