BABU AND ORS Vs. SUNNY@ VARGHESE AND ORS

JUDGEMENT

(1.) The following substantial questions of law are framed for a decision:

(2.) Challenge in this appeal is to the judgment and decree of the learned District Judge, Thrissur in A.S. No.71 of 2010 confirming the judgment and preliminary decree for redemption of mortgage passed by the learned Munsiff, Thrissur in O.S. No.1449 of 2007.

(3.) Respondent-plaintiff filed O.S. No.1449 of 2007 for a decree for redemption of mortgage created as per Ext.A1, Registered mortgage deed dated 24.02.1989. According to the respondent, he availed loan of Rs.15,000/- from the appellant/defendant and created security vide Ext.A1. Rs.600/- was the amount payable by the appellant to the respondent by way of profit per month for allowing the appellant occupy the building covered by Ext.A1 and use it for business purpose. The said amount was enhanced to Rs.800/- and then to Rs.1,000/- per month. Respondent issued Ext.A3, notice dated 07.01.1999 demanding redemption of mortgage and tendering the mortgage money. The appellant allegedly sent Ext.A2, reply dated 29.01.1999 claiming that the transaction covered by Ext.A1 is a lease and that the sum of Rs.15,000/- was given to the respondent by way of advance rent.