T DIWAKARA Vs. M H ANANTHASWAMY

JUDGEMENT

(1.) This is defendant's second appeal against the concurrent findings of the trial Court and the lower Appellate Court.

(2.) Plaintiff filed the suit for redemption of suit schedule property which had been mortgaged to Defendant No. 1. Defendant No. 2 was alleged to be the vendee of the mortgage property having purchased the same under a sale deed executed by the mortgagee - Defendant No. 1. The suit was one for redemption. Second Defendant pleaded that he was a bona fide purchaser without notice; that the suit was barred by time in view of Article 61(b) of the Limitation Act, 1963; that he was entitled to, in the event of a decree of redemption being granted to the cost of improvements to the property effected by him.

(3.) On such primary pleadings, the trial Court framed as many as 7 issues. They are-