C P JANAMMAL Vs. C M RANGANATHAN

JUDGEMENT

(1.) THIS second appeal filed by the appellant-plaintiff arises out of a suit for redemption of a usufructuary mortgage Ex. A-1 dated 29-6-1915. One kuppuswami Iyengar usufructuarily mortgaged the suit property under Ex. A-1 to one Varadachariar, the defendant's father. In pursuance of the mortgage the said varadachariar and after his death the defendant was in possession of the property. Kuppuswami Iyengar, the mortgagor sold the equity of redemption to the plaintiff's husband under a sale deed Ex. A-2 dated 20-3-1919. The plaintiff's husband however was adjudicated insolvent in I. P. 454 of 1929. The said adjudication was annulled under Ex. B-1 dated 17-8-1953, but the court directed the continuance of the vesting of the property in the Official Assignee. Subsequently the insolvent died and his wife has filed the suit for redemption of the mortgage. The plaintiff claimed that she and her predecessors-in-interest are agriculturists entitled to the benefit of Madras Act 4 of 1938 and that the mortgage debt has therefore been wiped out under Section 9-A of the said Act.

(2.) THE suit was resisted by the defendant contending that the equity of redemption continued to vest in the Official Assignee as per the order Ex. B-1 in I. P. No. 454 of 1929 on the file of the High Court, that, therefore, the plaintiff has no right to redeem the mortgage and recover possession. The defendant also pleaded that he has acquired title by adverse possession. He also denied that the plaintiff is entitled to the benefit of Section 9-A of Madras Act 4 of 1938.

(3.) THE Trial Court decreed the suit holding that the plaintiff had certainly a right to sue for redemption and possession, that it was always open to the Official Receiver to get back possession from the plaintiff, if she succeeds, in this case, that the mortgage debt has not been wiped out under Section 9-A of Madras Act 4 of 1938 as the plaintiff has not shown to be entitled to the benefits of that Act, and that the defendant has not perfected title to the suit property by adverse possession.