AHALYA DEVI Vs. KUMAR ROUT AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Appellant in this Second Appeal against a confirming judgment.

(2.) PLAINTIFF advanced a loan of Rs. 1,000/ - to deceased Defendant Purnananda who secured the loan amount by execution of a mortgage deed (Ext. 1) on 11 -8 -1969 which was registered. When the amount was not paid as stipulated in the deed, Plaintiff filed the suit for declaration of right, title and interest by foreclosing all the rights of the Defendant and to deliver possession of the disputed property or in the alternative for a preliminary decree for payment of the principal with interest amounting to Rs. 16,201/ - failing which for realisation of the same by putting the property to sale.

(3.) TWO witnesses were examined by the Plaintiff and three witnesses were examined by the Defendants. Plaintiff proved the mortgage deed (Ext. 1) and Defendants proved certified copy of the decree in another suit for money (Ext. A). Trial Court on assessment of evidence held that Plaintiff was possessing the land through D.W. 3 Bhramar and appropriated the usufructs for seven years. Accordingly, the mortgage stood discharged under Section 17(1) of the Act. In appeal by the Plaintiff, learned District Judge held that the mortgage being in the month of August when crop was standing, after harvest crop was handed over and Plaintiff continued in possession till end of 1976 where after Defendants have taken back possession and accordingly, dismissed the appeal against which this Second Appeal has been held by the Plaintiff.