B S VISHWANATH Vs. CHANDIKABEN J MEHTA

JUDGEMENT

(1.) This appeal is presented by the appellant/defendant against an order for partial decree made by the Xth Additional City Civil Judge, Bangalore in a suit filed by respondents 1 to 3.

(2.) The facts of the case are these : The house property which is the subject matter, for a decree for redemption belonged to one Nanjamma. She had mortgaged the said property in favour of the appellant, by a Registered Mortgage deed dated 22-7-74. The period of mortgage was 10 years. The amount borrowed was Rs. 21,500/-. After the period of mortgage was over said Nanjamma filed O.S. No. 3189/87 seeking redemption of the mortgaged property. Thereafter, according to the respondents, she sold the property in their favour by registered sale deed dated 11-12-1987 and withdrew the suit. After purchasing the house property the respondents/plaintiffs filed the suit for redemption on 7-4-1988. On 1 st August, 1988, and they also deposited the mortgage money of Rs. 21,500.00 in the Court. Though the defendant/appellant had been served with the notice in the suit, they did not appear before the Court in the circumstances, the appellant/defendant was placed exparte and on behalf of plaintiffs/respondents the third tespondent was examined as P.W. 1 on 23-1-1989. Thereafter the appellant appeared and made an application to permit him to file the written statement and to contest the case and his prayer was granted. He then filed his written statement. In the written statement, the appellant admitted the mortgage transaction and also admitted that the mortgage was for a sum of Rs 21.500/- and the period of mortgage was 10 years. The appellant, however, stated that he was entitled to receive some more amount, which is said to have been advanced by him to Nanjamma and he also claimed to receive the money equal to tax paid to the Corporation and also the amount spent on improvement of the property. But the fact remains, the appellant/defendant did admit the mortgage transaction and according to the mortgage deed, the period of mortgage was 10 years and the amount of mortgage was Rs. 21,500/- and therefore, as the period of mortgage had come to an end, the mortgagor was entitled to seek redemption of the property on depositing a sum of Rs. 21.500/-which is the only amount due under the mortgage deed. But the appellant/defendant took a specific plea in the written statement that the respondents have not purchased the property from Nanjamma and they had not become the owner of the property.

(3.) In the circumstances, on the basis of the plaint and the written statement, the following issues were framed by Court below ; -