RAMEGOWDA Vs. BORAMMA

JUDGEMENT

(1.) The Appellant has challenged the judgment and decree passed by the First Appellate Court allowing the appeal of the Respondent herein and dismissing the suit filed by the Appellant herein.

(2.) The facts relevant for the purpose of this appeal are as under:

(3.) The Appellant instituted a suit for redemption of mortgage and it is his claim that on 25-05-1976, he executed a conditional sale deed after receiving loan amount of Rs. 4,000./- from Late Thimme Gowda, the husband of Respondent No. l. So also, he claims that the suit land is a wet land having an assured source of irrigation capable of raising two paddy crops in a year or one crop of sugar cane and the value of the land was more than Rs. 20,000 at that time. When the transaction took place, there was a condition in the deed to reconvey the property on or before 10th March 1978 i.e., within two years of the date of the transaction and the Plaintiff insisted the Defendant to hand over the possession of the suit property on receiving the amount of Rs. 4,000 as agreed under the deed referred to supra by way of redeeming the mortgage and as the Defendant did not reconvey the property the Plaintiff instituted the suit seeking the relief of redemption of mortgage and delivery of possession of the schedule property with ancillary reliefs.