(KANIYUR) GANAPATHI BHATTA Vs. BEERU BHANDARY

JUDGEMENT

(1.) The plaintiff's suit is for the redemption of a usufructuary mortgage executed by two brothers, Kesava and Krishna, on 2 February, 1883 for Rs. 5000. The plaintiff has purchased the equity of redemption from Kesava. The defendants have purchased from Krishna his share of the equity of redemption in the suit properties. The District Judge has given a decree to the plaintiff for the redemption of half the property and has allowed the defendant to consolidate the mortgage with a simple mortgage by Kesava. The plaintiff has preferred this second appeal.

(2.) The first point raised by Mr. Sitarama Rao for the appellant is that the District Judge should have allowed redemption of the whole of the property as a partial redemption is opposed to the provisions of the Transfer of Property Act. The finding is that the defendants have acquired the interest of Krishna in the equity of redemption. This finding is challenged by Mr. Sitarama Rao on the ground that defendants 1 to 3 have acquired the equity of redemption in respect of one of the properties and defendants 4 to 6 have acquired the equity of redemption in respect of the other item. The mortgage was with regard to two items of property only.

(3.) The question is whether the defendants have acquired the right of one of the mortgagors in all the properties mortgaged. It is immaterial whether the acquisition of the mortgagor's right was piecemeal or whether the acquisition was under one document.