THANKA NADAR Vs. OMANA

JUDGEMENT

(1.) THE plaintiff in the original suit is the appellant in the second appeal. THE suit was filed for the relief of redemption of mortgage and recovery of possession. THE suit was decreed by the trial court by its judgment and decree dated 09.09.1998 made in O.S.No.603/1996. On appeal, by judgment and decree dated 21.11.2001 made in A.S.No.145/1998, the decree of the trial court was set aside and the suit of the appellant herein was dismissed. As against the said judgment and decree of the lower appellate court dated 21.11.2001 made in A.S.No.145/1998, the present Second Appeal has been filed.

(2.) THE appellant herein filed the suit for the relief of redemption of mortgage and recovery of possession contending that the suit property was mortgaged to one Valli Nadathi under a Mortgage Deed dated 11.06.1957 and the said mortgage debt got wiped out due to the application of the Debt Relief Laws and that hence the appellant herein/plaintiff was entitled to the relief of redemption of mortgage and recovery of possession without making payment of any amount towards the repayment of the mortgage debt.

(3.) IN the trial, the appellant herein/plaintiff figured as the sole witness (P.W.1) on his side and produced the certified copy of the Mortgage Deed dated 11.06.1957 (in Malayalam) as Ex.A1 and its Tamil version as Ex.A2. Apart from the said documents, no other document was produced on the side of the appellant herein/plaintiff. The first respondent herein/first defendant figured as the sole witness (D.W.1) on the side of the respondents/defendants. 13 documents were marked on the side of the respondents/defendants as Exs.B1 to B13.