SHANKARAPPA Vs. K SRINIVASA MURTHY

JUDGEMENT

(1.) The plaintiffs suit for redemption of the mortgage has been decreed by the learned Munsiff, Doddaballapur in O.S. No. 74/1975 and that decree has been affirmed by the Principal Civil Judge, Bangalore District, Bangalor" in R.A. No. 26/1977. The defendant has preferred this second appeal before this Court.

(2.) The relevant facts may be briefly stated: The plaintiff's case is that he is the son of late K. Gururayachar who mortgaged the suit lands by way of conditional sale for a sum of Rs. 1,500/- under a mortgage deed dated 20th August, 1951. The defendant contends that this deed Ex. D-1 is not a deed of mortgage by way of conditional sale, but is really a document evidencing an outright sale with right to repurchase. The main question, therefore, which arose for consideration by the Courts-below was as to whether this document Ex. D-1 is a mortgage deed or whether it is a sale deed with a right of repurchase.

(3.) The Courts-below have concurrently held that Ex. D-1 is a mortgage deed and that it evidences a mortgage by conditional sale as envisaged in Section 58(c) of the Transfer of Property Act. The Courts-below have also held that the instant suit is not barred by the provisions of the Karnataka Inams Abolition Act, and further that the suit is not bad for non-joinder of necessary parties.