K RAMAMURTY SUBUDHI Vs. DINABANDHU BEHERA

JUDGEMENT

(1.) THE disputed property comprising an area of 8. 80 acres in the district of ganjam belonged to Sarojini Devi (defendant-2) respondent-2 in this appeal She on 8-6-51 executed a document, Ext. 2 (same as Ext. A) in favour of K. R. Subudhi, the first defendant and original appellant (since deceased), for a consideration of Rs. 8,400. The said document was styled as "baida Bandi Bikraya dustabuj" Sarojini treated the document, Ext. 2, as a mortgage-deed and sold the equity of redemption and whatever interest she had in respect of the said property to the plaintiff under sale-deed, Ext. I for a cash consideration of Rs. 7000/- on 12-12-60. The plaintiff has filed the present suit for redemption of the mortgage.

(2.) THE case of the plaintiff as also his vendor, Sarojini, was that Ext. 2 represents a mortgage transaction and that the plaintiff is entitled to redeem the same, being a purchaser of the equity of redemption. The plaintiff alleged that after such purchase, he issued a notice through his advocate on 17-12-00 to the mortgagee, the first defendant, tendered the principal amount of Rs. 8400/- and demanded redemption, but the first defendant gave a reply through his lawyer on 30-12-60 wherein he claimed that the document Ext. 2 is not a mortgage, but a sale-deed and the plaintiff had no right of redemption and to tender the amount. So the plaintiff was obliged to file the present suit for redemption.

(3.) AT the trial, the defendant-2 supported the case of the plaintiff, but defendant-1 took the stand that no right of redemption is available to the plaintiff as he (defendant-1) had purchased the disputed property under the sale-deed Ext. 2 on payment of the market price and is in possession of the said property as its full owner since the date of its execution.