K S NAGARATNAMMA Vs. B H RANGE GOWDA

JUDGEMENT

(1.) this appeal is filed by the first defendant in o.s. No. 6/83 on the file of the principal munsiff, arasikere, against the concurrent judgments and decrees of the trial court and the first appellate court in r.a. No. 19/89 decreeing the plaintiffs suit for redemption of the mortgage in favour of the defendant without the plaintiff depositing the mortgage amount.

(2.) the parties will be referred to by the rank they held in the trial court.

(3.) the plaintiff has filed the suit for redemption of the mortgage effected by him in respect of the suit house for a sum of Rs. 3,000/-. The plaintiffs case is that as per the agreement between the plaintiff and the first defendant (hereinafter referred to as 'defendant'), the plaintiff had to continue in possession of the suit house paying interest at the rate of 1.5% per month; that the plaintiff paid the interest accordingly for two years; that the defendant however in execution of the decree obtained in hrc No. 22/73 against the plaintiffs son unlawfully took possession of the suit house and has let it out to tenants; that he has realised a sum of rs. 13,450/- by way of rent and that after adjusting the principal sum of Rs. 3,000/- the defendant himself is liable to refund to the plaintiff Rs. 10,450/-. He therefore claimed that he was entitled to redemption without making any payment towards the principal.