NANJAMMA Vs. H N SIDDAIAH

JUDGEMENT

(1.) THIS is a plaintiff's second appeal. The plaintiff filed a suit against the respondent and Spl. Tahsildar in O. S. No. 397/1986 for declaring that the plaintiff is the owner of the suit item No. 1 and for consequential permanent injunction in respect of the suit item No. 2. The suit item No. 1, which is the subject Inafter of the appeal is the land bearing Sy. No. 465/2 measuring 1 acre 5 guntas situated in algud Village, T. Narasipur Taluk. She contended in the suit that the defendant-respondent herein by means of registered sale deed dated 11. 8. 1978 sold the suit schedule property for a sale consideration of rs. 2,000/ -. Though the said sale deed provided for a condition for re-purchasing the property by the defendant since the defendant did not repurchase it, the plaintiff is the owner in possession of the property and the first defendant is interfering with her possession. Therefore, the suit.

(2.) THE first defendant filed a detailed Written Statement. Hedenied the transaction dated 11. 8. 1978 as an "absolute sale" deed. According to him it was only a "mortgage by conditional sale". Therefore, the plaintiff was not entitled for declaration of title. The defendant also denied the plaintiff's possession.

(3.) THE Trial Judge, held that the transaction referred to was nota 'sale' as contended by the plaintiff; It was only a "mortgage by a conditional sale"; and therefore not entitled for declaration of title. He has interpreted the contents of the document and relied on the decision of the Supreme Court in this regard. He, however, injuncted the first defendant from interfering with the plaintiff's peaceful possession of the suit schedule property until the latter redeems the mortgage.