DOOMANNASHETTY Vs. BACCHA ALIAS GOPALA SHETTY DEAD

JUDGEMENT

(1.) THIS second appeal is filed by the defendant in O. S. No. 161 of 1980 on the file of the principal Munsiff, Kundapura against the judgment and decree dated 22-6-2001 passed by the civil Judge (Senior Division), Kundapura, confirming the judgment and decree of the Trial court dated 9-12-1986.

(2.) THE deceased-respondent was the plaintiff in the suit. For the sake of convenience, the rank of the parties is referred to as in the suit.

(3.) THE suit was filed by the plaintiff for redemption and re-conveyance of the mortgaged properties. The properties had been mortgaged under a usufructuary mortgage deed dated 2-8-1969. The plaintiff purchased the equity of redemption from the mortgagor, Appanna under a sale deed dated 18-1-1975. The defendant resisted the suit denying the plaint averments. It is stated that there is no cause of auction for the suit and that plaintiff has no right to seek redemption of the properties. It is claimed that the properties are in possession of defendant's son sridhara Shetty on chalgeni right and he has claimed occupancy rights from the Land Tribunal. It is pleaded that the remedy, if any, is under Section 50 of the Karnataka Land Reforms Act, 1961 and Section 60 of the Transfer of Property Act, 1882 is not applicable. It is further stated that since the tenant is not impleaded, the suit is bad for non-joinder of necessary party. Hence, the defendant has prayed for dismissal of the suit. On the basis of the pleadings, the Trial Court framed issues and the suit was taken up for trial. Parties adduced evidence and produced documents in support of their case. Upon consideration of the same, the Trial Court decreed the suit. The appeal preferred against the judgment and decree of the Trial Court was dismissed by the first Appellate Court. Being aggrieved by the same this second appeal is filed.