LAXMAMMA W/O CHIKKARAMAIAH REP. BY GPA HOLDER K.C. CHIKKARAMAIAH S/O CHIKKATHAMME GOWDA Vs. SMT. MASTHAMMA W/O YALAKKI GOWDA, DECEASED BY L.RS. (LAKSHMAMMA W/O KRISHNE GOWDA AND CHANDRAMMA W/O NAGARAJ) AND OTHERS

JUDGEMENT

(1.) THE second appeal is by the first Defendant before the trial court calling in question the judgments of the courts below by which the suit filed by the Respondents -Plaintiffs for mortgage redemption came to be decreed and the appeal preferred by the Appellant herein was dismissed confirming the trial court's judgment.

(2.) THE suit for redemption of the mortgage was filed by R -1 Plaintiff against the Appellant herein and others on the footing that though the mortgage was created on 24.7.1981 under a registered document and the property having been mortgaged in favour of the Appellant herein for Rs. 10,000/ - by executing a usufructuary mortgage in favour of the Appellant herein, the Plaintiff, being the mother of Defendants -2 to 5, following the death of her husband Yalakki Gowda, therefore, sought for redemption of the mortgaged property and demanded the Appellant herein to release the suit property by taking the mortgage money. The Appellant did not do so. The Plaintiff, therefore, went before the trial court seeking redemption of the mortgaged property.

(3.) THE aforesaid stand taken by the parties in substance led the trial court to frame the following issues: