Vasanthamma VS Siddaveerappa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUBHASH B.ADI
Vasanthamma – Appellant
Versus
Siddaveerappa – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. P .S. Manjunath for Mr. G. M. Anand, Advocate.

JUDGMENT

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 perio