NAGARAJ Vs. KALLURAMMA

JUDGEMENT

(1.) This is a Second Appeal by the defendant who has lost in both the Courts below. The suit is one for redemption of usufructuary mortgage.

(2.) According to the plaintiff the land measuring 19 guntas in survey No. 134/2B as described in the schedule to the plaint was owned by Chikkajogishetty who had mortgaged the same in favour of the defendant with possession by borrowing Rs. 1500/- under a registered possessory Mortgage Deed dated 21.11.1980 - Exhibit P- 2 for a period of five years. He subsequently sold the suit property in favour of the plaintiff for Rs. 6000/- under a registered Sale Deed dated 7.2.1981 subject to mortgage with a right to redeem the same, which has been marked as Exhibit P-3. Accordingly the present suit for redemption was filed. The trial Court decreed the suit and the appeal preferred by the defendant has been dismissed by the lower appellate Court.

(3.) The present Appeal had been admitted for hearing on the following two Substantial Questions of Law :