CHALUVEGOWDA Vs. CHENNEGOWDA AND

JUDGEMENT

(1.) The plaintiff sued for a declaration that he is the owner of the plaint schedule property and for possession and mesne profits after redemption from the mortgage with possession in favour of defendant 1. The learned Munsiff of Himsur who tried the suit passed a decree in favour of the plaintiff. On appeal the learned Subordinate Judge of Mysore reversed the same; and hence this second appeal by the plaintiff.

(2.) It is the case of both the parties that the property in suit belonged to Chikkamma, mother of defendant 2. She alone mortgaged it with possession for a period of 10 years to defendant 1 for Rs. 100/- under Ex. I, dated 8-5-1933. Subsequently, according to the plaintiff, she and defendant 1 sold it to one Nanjappa Gowda along with some other properties under a sale-deed, dated 4-10-1943. Afterwards the latter sold the said properties to plaintiff under a registered sale-deed dated 28-2-1945. After the expiry of the period fixed in the mortgage deed the plaintiff issued a notice-on 6-7-1945 to defendant 1 offering to redeem and sent a money order for Rs. 100/- but defendant 1 refused to receive the amount and deliver up possession. The main plea of the defendants was that the property had not been validly conveyed by Chickkamma to Nanjappa Gowda and by him to the plaintiff, that defendant 2 had already paid the amount due to defendant 1 and redeemed him and that the plaintiff could not therefore seek to redeem him again as the mortgage had been satisfied. The defendants also questioned the genuineness of the sale-deed Ex. A. by Chikamma and defendant 1 in favour of Nanjappa Gowda and Ex. B. executed by the latter in favour of the plaintiff. Both the Courts have found against the defendants in this matter and those findings have become final.

(3.) The sale-deed Ex. A purports to be executed by defendant 1 and Chikkamma as guardian and mother of Chikkegowda, her minor second son (who is now reported to have died during his minority) for Rs. 400/- out of which Rs. 50/- was mid in cash and Rs. 350/- was to be retained by the purchaser to discharge three prior mortgage debts including the one due to defendant 1 and obtain possession of the suit property. The vendors declare that after the sale they have no right, title or interest whatever in the properties sold and agree to indemnify the purchaser in case of any disputes. The properties are described as having been got by Chikkamma through a will from her brother Javare Gowda and in the possession and enjoyment of the vendors. The deed, however, bears the L. T, mark of defendant 2 and the L. T. mark of Chikkamma. Both of them have appeared before the Sub-Registrar of Hunsur and admitted execution and the document has been duly registered.