(1.) This appeal under Clause 15 of the Letters Patent is directed against the judgment of our learned brother Justice Chandrasekhara Sastry in Second Appeal No. 270 of 1962. The learned Judge while reversing a part of the judgment of the lower appellate Court, granted leave to file this appeal.
(2.) This appeal arises out of an action laid by the plaintiff for redemption of a usufructuary mortgage, Ex. B. 1, dated the 20th of November 1957 executed by the 3rd defendant in favour of defendants and 2 and for recovery of possession. By and under this document the subject-matter of this appeal was mortgaged by the 3rd defendant in their favour to secure a sum of Rs. 6000.00 advanced by the respondents to the mortgagor on 20/11/1957. This transaction is evidenced by Ex. B. 1. Sometime thereafter, the 3rd defendant sold the property for Rs. 10,000.00, Rs. 6,000.00 to be utilised for redeeming the mortgage and Rs. 4,000.00 payable to the mortgagor. Thereupon, the plaintiff brought the present suit in the Court of the Subordinate Judge, Srikakulam, for the reliefs mentioned above.
(3.) This suit was resisted by the respondents inter alia on the plea that they were protected by the Lease and Rent Control Act of 1960 (hereinafter called the Act) and consequently the plaintiff could not recover possession of the property. The trial Court gave a decree as prayed for, which was affirmed on appeal by the District Judge of Srikakulam.