KARTHIYAYANI AMMA Vs. OUSEPH VARKEY

JUDGEMENT

(1.) The petitioner in a proceeding under the Kerala Agriculturists Debt Relief Act, 1958 (hereinafter called the Act) is the appellant in this second appeal. The appellant executed a usufructuary mortgage, evidenced by Ext. D1 in favour of one Ammukutty Amma on 28-1-1952 for a sum of Rs. 2000/-. The latter assigned the mortgage to the respondent on 8-9-1953 by Ext. D2; and on the same day the appellant executed a Puravaippa Ext. D3 for Rs. 1000/- in his favour.

(2.) The appellant filed a petition in the Munsiffs Court of Alleppey for redeeming Ext. D1 mortgage under S.11 of the Act depositing a sum of Rs. 1000/- along with the application. The respondent mortgagee contended that the amount under the Puravaippa forms part of the mortgage debt in this case and as such unless that amount is also covered by the application, the application cannot be sustained. Both the courts below have accepted the objection and rejected the petition of the appellant. This second appeal is against those orders.

(3.) The short question that arises for decision in this case is whether the subsequent mortgage created by Ext. D3 dated 8-9-1953 is consolidated with the earlier mortgage Ext. D1. The learned Subordinate Judge took the view: