SARASWATHI AMMAL DIED Vs. RAJESWARI AMMAL

JUDGEMENT

(1.) THE defendant in O.S. No. 823 of 1980 on the file of the District Munsif, Tindivanam, who had succeeded before the trial Court and lost before the first appellate Court is the appellant. THE sole appellant died and his legal representatives had been brought on record by order dated 30th August, 1995 made in C.M.P. No. 10850/95.

(2.) FOR convenience, the parties will be referred as arrayed before the trial Court.

(3.) THE first appellate Court held that the sale deed executed by the mortgagor, namely Ex. A12 is valid, true and the plaintiff is entitled to redeem the mortgaged properties. THE first appellate Court held that the defendant's claim to sell the property is barred by limitation as the defendant had not taken any steps to enforce the agreement, besides holding that the plaintiff is not entitled to the benefit of Tamil Nadu Act 40 of 1979 by granting a decree for redemption on condition that the plaintiff deposits a sum of Rs. 50,000/- on or before 19.01.1978 and granted three months time to the defendant to surrender possession from the date of such deposit and granted a preliminary decree. Being aggrieved, the defendant has preferred the Second Appeal.