BASAPPA S/O BHEEMAPPA Vs. YATEESHWARA

JUDGEMENT

(1.) Unsuccessful plaintiff in O.S.No.288/1990 being aggrieved by the judgment and decree passed in R.A.No.206/2002 dated 06.10.2007 by Additional Sessions Judge, Fast Track Court-II, Davangere, whereunder appeal filed by plaintiff challenging the judgment and decree dated 24.08.2002 passed in O.S.No.288/1990 dismissing the suit for declaration of consequential relief of redemption of mortgage has been affirmed is before this Court.

(2.) Facts in brief which has led to filing of this second appeal can be crystalised as under: One Sri. Basappa filed the suit in question against defendants for the following reliefs:

(3.) It was the specific case of the plaintiff that suit schedule properties are the properties which he acquired under the partition deed/relinquishment deed executed amongst him (Basappa) and his brothers and by virtue of same he became the absolute owner of said properties. It is also contended that he was in the habit of raising loans on properties and towards security of the amounts so borrowed, he used to execute a nominal sale deed in favour of persons who used to lend money and all the sale deeds which are the subject matter of suit were in fact executed towards loan borrowed by him and as such towards security for the loan, he had executed nominal sale deeds and subsequently when he approached defendants to receive the loan amounts and redeem the mortgage, they have refused. Hence, contending that sale deeds executed by him in favour of defendants is nominal and it is not a out-and-out sale, he sought for declaration to declare the said sale deeds as a nominal sale deeds and for consequential relief to direct the defendants to receive the money and redeem the mortgage.