RAMASWAMY Vs. VALLIAMMAL

JUDGEMENT

(1.) THIS appeal is filed by the appellant on a suit for redemption of the mortgage. It is pleaded by the appellant/plaintiff that on 7.7.1992 a registered othi was executed in favour of the defendant/respondent. The period of redemption arose subsequent to 7.7.1974 and by virtue of the benefits of the provisions of Tamil Nadu Act 13 of 1980 the plaintiff did not have to pay any amount in view of the fact that his income was always less than Rs.2,000. The plaintiff had sent a notice to the defendant on 22.7.1980, but the defendant chose to deny that he was entitled to the benefits of Act 13 of 1980.

(2.) THE defendant contested the said claim and in the written statement she contended that though the registered othi was true, the contention that till date the property was in the enjoyment of the defendant was unsustainable and that the plaintiff was preventing the defendant from enjoying the property and has caused damages to the defendant. This has been stated in the reply to the legal notice issued by the plaintiff and that therefore the claims of the plaintiff were unsustainable. THE trial court decreed the suit after agreeing with the pleadings in the plaint. However, the lower appellate court even though sustained the plea of the plaintiff that he was entitled to the benefits of Tamil Nadu Act 13 of 1980, however held that under Sec.6 of the Act he should have approached the Tahsildar and that the civil court's jurisdiction to exercise the powers of the Tahsildar will not be available in view of Sec.6(b) of the Act.