EASWARAMOORTHY VELAR Vs. PARVATHATHAMMAL

JUDGEMENT

(1.) Defendant in O.S. No. 394 of 1993 on the file of the District Munsif's Court at Sribaikundam, is the appellant.

(2.) Suit filed by the plaintiff was one for redemption of Ex. Al mortgage dated 26.8.1975. Plaintiff borrowed an amount of Rs. 4,000/- and executed an Othi and possession was also handed over to the defendant. According to the plaintiff, the Othi period is over on 26.5.1990. She being an agriculturist is entitled to the benefit of Act 40 of 1979 as per provisions of that Act. Since the property is in the possession of the defendant for more than ten years, the plaintiff is entitled to redeem mortgage without payment. The plaintiff made a demand on 10.7.1992 which was received by the defendant on 13.7.1992. The defendant did not send any reply nor he surrendered the property to her. The suit was, therefore, laid to recover property from the defendant free from encumbrances.

(3.) The appellant contended that suit is not maintainable in law and only an application before the local Tehsildar is to be made for redemption and the civil suit is not maintainable. He also disputed the allegation that the plaintiff is an agriculturist, entitled to the benefit of Act 40 of 1979.