(1.) "The only question in this second appeal is whether Section 9-A, Madras Agriculturists Relief Act, (4 of 1938) applies to the transaction in question. The scheduled properties wore usufructuarily mortgaged on 5-6-1927 in favour of the respondent's father for a sum of Rs. 500. There was a condition in the document that in case the mortgage debt was not redeemed within five years, the mortgagee would become the owner. The mortgagor treating that condition as a clog on the equity of redemption applied for redemption after depositing the proportionate amount under Section 9A of the Act. Both the Courts found that the condition was a clog on the equity of redemption and therefore the creditor continued to be in possession only as mortgagee. On that finding the provision of Section 9-A of the Act directly applies. Section 9-A reads: Where a usufructuary mortgage was executed at any time before 30th September 1947 and the mortgagee is in possession of the property mortgaged to him, the mortgagor shall be entitled to redeem the property notwithstanding that the time, if any, fixed in the Kumaraswami Padayachi vs. Govindaswami Padayachi (09.01.1952 -MADHC) Page 2 of 2 yachi vs. Govindaswami Padayachi (09.01.1952 -MADHC) Page 2 of 2 mortgage for redeeming the mortgage has not arrived."
(2.) IN the result, the second appeal fails and is dismissed with costs. No leave.