KALAVATI Vs. CHANDRAKANT

JUDGEMENT

(1.) THE appellants were defendants in O.S. No. 208/1988 filed by respondents (plaintiffs) for redemption of Usufructuary mortgage dated 25.02.1979.

(2.) THE trial court on appreciation of evidence has held that, plaintiffs are entitled to redeem the mortgaged properties by paying Rs. 3,000/ - (mortgage consideration) along with municipal taxes paid by the first defendant amounting to Rs. 4,177.75; the defendants shall be evicted from the mortgaged properties with due process of law as per the Karnataka Rent Act, 1999. Aggrieved by the second part of decree, the plaintiffs were before the I -appellate court.

(3.) THE learned judge of the I -appellate court modified the decree of trial court by holding that appellants (plaintiffs) are entitled to redeem the mortgaged property from respondents (defendants) and respondents (defendants) are directed to hand over the suit schedule property within a month from the date of the order. Therefore, the defendants are before this court.