NAINAR MOOPANAR Vs. KUMARASWAMY ALIAS MURUGAN

JUDGEMENT

(1.) THE appellant is the defendant in the suit filed by the respondent in O.S.No.71 of 1983 on the file of the Court of Subordinate Judge, Tirunelveli, seeking the relief of redemption of the mortgage.

(2.) THE trial court on consideration of the evidence adduced by both the parties, dismissed the suit. THErefore, the plaintiff, the respondent herein filed an appeal in A.S.No.49 of 1984 before the Principal District Judge, Tirunelveli, who in turn, decreed the suit granting the relief sought for by setting aside the decree and judgment of the trial court. Challenging the decree and judgment of the lower appellate court, the present second appeal has been filed.

(3.) ON the other hand, Mr.Jayasankar, representing Mr.Velusami, the counsel for the respondent, would point out that the decree passed declaring the plaintiff as a legal heir to Somasundarathammal would show that the plaintiff had become the owner of the suit properties on 5.12.1966 itself, that is, on the death of Somasundarathammal and as such, the plaintiff as an agriculturist was certainly entitled to the benefits of the Act IV of 1938 as he was the owner of the agricultural lands as on 1.3.1972. According to the counsel for the respondent, the lower appellate court on consideration of the relevant materials found that the suit filed by the plaintiff is to be decreed in favour of the plaintiff by giving valid reasons.