NAMADEV KESHAV Vs. NAZAR SHERIYAR

JUDGEMENT

(1.) The appellant, who had secured a judgment and decree in his favour in OS No. 134 of 1977 on the file of the Principal Munsiff, Belgaum, has preferred this appeal against the judgment and decree of the IV Addl. Civil Judge, Belgaum, in RA No. 86 of 1979 by which he has set aside that judgment and decree of the Munsiff. The respondent was the defendant in the suit.

(2.) The suit was for redemption of the suit schedule property, it being a non residential premises situated at Belgaum City and said to have been mortgaged with possession to the defendant under a registered document dated 1-5-1974. According to the plaintiff it was a self redeeming mortgage redeemable on or after 30 4 1976.

(3.) The defendant resisted the claim contending, inter alia, that the transaction was not a mortgage ; that it was a lease ; and that he and the plaintiff never intended that the transaction in question should be a self-redeeming mortgage and on the other hand they intended that to be a lease (para 11 of the written statement).