ABRAHAM @ DAVEED NADAR (DIED) Vs. SANTHAKUMAR

JUDGEMENT

(1.) This appeal had been filed by the plaintiff in O.S.No.42 of 1993 on the file of the Additional District Munsif Court, Tuticorin.

(2.) O.S.No.42 of 1993 had been filed by Abraham @ Daveed Nadar against Santhakumar, seeking a decree of declaration that the plaintiff, as a debtor, is entitled to the benefit of Tamil Nadu Act-4/38 as amended by Act 8/73, Act 40/79 and Act 13/80 and that the usufructuary mortgage dated 01.07.1965 in respect of the schedule property had been discharged and also for recovery of possession.

(3.) The schedule property is the land measuring 17 cents out of 34 cents in S.No.98/2A in Perungulam Village, Tuticorin. According to the plaintiff, the property originally belonged to Paulraj and Samraj Nadar. They created a usufructuary mortgage in favour of Bathrakaliammal on 01.07.1965 in consideration of a sum of Rs. 1,300/-. Pathrakaliammal was put in possession of the property. On 06.04.1985, she assigned the mortgage in favour of the defendant for the same amount. The defendant is in possession of the property. The plaintiff purchased the property with the right of redemption from Paulraj and Samraj Nadar on 20.01969. The plaintiff claimed to be a debtor and sought protection under Tamil Nadu Debt Relief Act. Since the defendant had been evading to hand over possession of the property to the plaintiff, the suit had been filed seeking a declaration that the plaintiff is entitled to the benefit of Tamil Nadu Debt Relief Act and for recovery of possession.