ANANDAN Vs. SMT RAJI ALIAS JAYALAKSHMI

JUDGEMENT

(1.) DEFENDANT in O.S.No.330 of 1980, on the file of Additional District Munsifs Court, Pondicherry, is the appellant.

(2.) SUIT filed by plaintiff was in effect for partition and for reconveyance of the property. After the suit was filed, the original plaintiff died, and respondent herein was impleaded as legal heir in the suit itself.

(3.) AGGRIEVED by the judgment, plaintiff preferred A.S.No.190 of 1982, on the file of Additional District Judge, Pondicherry. From the judgment of the lower appellate court, it is seen that the status of the additional plaintiff as legal heir of the original plaintiff is not disputed, and both parties seem to have argued the matter only regarding the interpretation of Ex.A-2, i.e. the document dated 27.3.1975. The lower appellate court held that the document is only a mortgage and it continued as a mortgage. It also came to the conclusion that the plaintiff was occupying the property in spite of the deed, and time is not the essence of contract. Plaintiff is entitled to redeem the property; and since the mortgage amount has already been deposited into court, recovery was allowed. The sane is challenged in this second appeal.