K RAJENDRA Vs. P SOMANNA

JUDGEMENT

(1.) The unsuccessful respondent is invoking the revisional jurisdiction of this Court by questioning the correctness and legality of the order dated 13-10-2009 by the Civil Judge (Jr.Dn) T. Narasipura.

(2.) The facts in brief are as follows:

(3.) Respondents are husband and wife and are absolute owners of the petition schedule property which is not in dispute. Under a usufructuary mortgage deed dated 7-2-2004 the respondents herein had mortgaged the same in favour of the petitioner for Rs. 75,000/- and delivered the possession of the petition schedule property on the same day. The period of mortgage agreed under the said deed was three years. In furtherance of the said mortgage, the petitioners had received further sum of Rs. 50.000/- as additional mortgage money from the respondent under the second mortgage deed dated 15-2-2004, i.e.. immediately after execution of the first mortgage deed. After completion of the mortgage period of three years, the respondents approached the petitioner herein to deliver the possession with original mortgage deed by receiving the mortgage money of Rs. 1,25,000/-. Since the respondents did not delivery possession of the petition schedule property, it was contended by the respondents herein in the petition before the Court below that they got issued a legal notice dated 28-7-2007 to the respondent therein (petitioner herein) and in spite of receipt of the same he had not redeemed the mortgage. Thus, respondents herein deposited the mortgage money of Rs. 1,25.000/- in the Court below on 12-10-2007 after obtaining the permission of the Court, and before filing the petition.