MALLANNA Vs. ABDUL NABI

JUDGEMENT

(1.) This is plaintiff's second appeal. He filed the suit for redemption of the suit house. The respondent-defendant contested the suit on various grounds, namely, on the basis of Exhibit D-5 an unregistered document written on a stamp paper of the value of Rs. 1-50.

(2.) The plaintiff disputed the execution of Exhibit D-5. But the two Courts below have held that he has executed Exhibit D-5 in favour of the defendant.

(3.) The facts of the case are that the plaintiff is the owner of the suit property. It consists of two porvsons. On 5-3-1956 the plaintiff mortgaged one portion of the suit house in favour of the defendant for a sum of Rs. 600/-. This document is registered. The period stipulated is four years i.e., upto 5-3-1960. On 20-5-1958 the plaintiff once again created another usufructuary mortgage over the same property taking a sum of Rs 400/- from the defendant. The period is four years i.e., upto 20-5-1962. This again is a registered deed. On 9-2- 1960 the plaintiff mortgaged the remaining portion of the suit house in favour of the defendant, namely, usufructuary mortgage and put him in possession. The period is three years i.e., upto 9-2-1963. The two Courts below have held that the plaintiff executed Exhibit D-5 on 19-2-1960 i.e., ten days immediately after the last mortgage deed dated 9-2-1960.