DECREE

DATED

13.04.2015 PASSED IN O.S. NO.159/2008 ON THE FILE OF

THE CIVIL JUDGE AND JMFC AT HUNSUR.

THIS REGULAR SECOND APPEAL COMING ON FOR

ADMISSION THIS DAY, THE COURT DELIVERED THE

FOLLOWING:

JUDGMENT

The captioned Second Appeal is filed by the

unsuccessful defendant who has questioned the concurrent

findings of the Courts below in decreeing the suit for

redemption of mortgage.

2.

For the sake of convenience, the parties are referred

to as per their rank before the Trial Court.

3.

Plaintiffs instituted a suit seeking redemption of

mortgage deed dated 30.05.1994. Plaintiffs claimed that

the subject matter of the suit is an agricultural land in

Sy.No.78 measuring 1 acre 09.08 guntas. Plaintiffs have

pleaded that for legal necessity, their predecessor was

3

compelled to mortgage the suit land in Sy.No.78/2 in

favour of the defendant for a mortgage premium of

Rs.12,000/- through registered mortgaged deed dated

01.07.1994 for a period of 3 years. The present plaintiffs

who claim to be the legal heirs, have now filed the present

suit. Plaintiffs have also specifically pleaded in the present

suit that they had in fact filed a suit in O.S.No.61/2008

seeking same relief. However