PONNACHI AMMAL Vs. SARASWATHI AMMAL

JUDGEMENT

(1.) The present Civil Revision Petition has been filed challenging the order passed by the Court below under Section 83 of the Transfer of Property Act,1882, permitting the respondent to deposit the mortgage amount of Rs.1,000/-.

(2.) The respondent had taken a loan for a sum of Rs.1000/- and has entered into an ''Othi'' agreement with the Petitioner on 2.9.1997. The possession of the property was also handed over by the respondent to the petitioner and the Petitioner was permitted to enjoy the possession in lieu of interest.

(3.) The respondent filed a petition under Section 83 of the Transfer of Property Act, 1882, to deposit the money due on the mortgage before the Court. This was resisted by the Petitioner mainly on the ground that the mortgage has been made over to her brother Natesan @ Sait and that he is not a party to the proceedings and the respondent has not approached the petitioner to settle the amount before filing the Petition before the Court below.