NAGAMMAL Vs. VALLIAMMAL

JUDGEMENT

(1.) THE plaintiff in the Trial Court is the Appellant. The plaintiff filed a suit for redemption of mortgage against the defendant on receipt of the mortgage amount of Rs. 400. 00 and also for possession.

(2.) THE case of the plaintiff was that the suit property which is a tiled house along with a vacant site comprised in Natham Poramboke Survey No. 502/1 at Selai Kandigai Village, Tiruvallur Taluk, which was originally mortgaged jointly by the plaintiff's husband Anandan and his father Doraisamy Reddy to the defendant under the mortgage deed, dated 21. 01. 1973 marked as Ex. A. 1, by which the defendant took possession. The plaintiff's husband Anandan died in 1983 before his father and ultimately his father Doraisamy Reddy also died on 17. 11. 1988. Thereafter, the plaintiff claming to be the legal heir has issued notice dated 05. 10. 1988 to the defendant for redemption marked as Ex. A. 2 for which the defendant has issued a reply notice, dated 13. 10. 1988 marked as Ex. A. 3 and filed the suit for redemption.

(3.) THE defendant filed written statement stating that the plaintiff has lost her right or redemption since the mortgagor has sold the equity of redemption to Subramania Reddy, S/o Perumal Chetty under a sale deed dated 05. 08. 1974 marked as Ex. B. 1 and from the said Subramania Reddy, the defendant has purchased the hypothica by oral sale. The Trial Court found that the defendant has not proved the oral purchase from Subramania Reddy in respect of the mortgaged property and held that under Section 54 of the Transfer of Property Act, read with Registration Act, if the value of the property is more than Rs. 100. 00 it requires registration and therefore, there cannot be a sale in favour of the defendant and in that view has decreed the suit in favour of the plaintiff. It was as against the said judgement of the Trial Court, the defendant filed the appeal.