KAMALAMMA Vs. RAMABHADRA GUPTA

JUDGEMENT

(1.) THIS appeal by the plaintiff, as indigent person, is preferred against the judgment and decree dated 1 -1 -1986 passed by the learned XIII Additional City Civil Judge, Bangalore City, in O.S.No. 7330/ 1980 dismissing the suit filed for recovery of a sum of Rs. 60,595/ - being the principal and interest due under the two mortgage deeds dated 1 -12 -1961 and 21 -11 -1962, with the notice charges of Rs. 150/ -.

(2.) THE trial Court has dismissed the suit on the ground that it is barred by time, even though, it has recorded a finding that the plaintiff is entitled to a decree for a sum of Rs. 6440/ -.

(3.) THE plaintiff is the assignee of the two mortgage deeds in question produced as Exs. P -1 and P -3. The original mortgagee was her husband Sri Subramanyam. He assigned the two mortgages in favour of his brother Venkateshwaran who in turn re -assigned the same to Subramanyam. Lastly Sri Subramanyam has assigned the mortgages in question under Ex. P -7 to his wife - the plaintiff. It is not in dispute that the plaintiff is the assignee and as such she is entitled to recover the mortgage money under, the two mortgages in question, as may be found due.