Megha Acharya VS. Devendra Acharya

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Megha Acharya VS. Devendra Acharya

The Judgement Information System CASE NO.: Appeal (civil) 319 of 2002

PETITIONER: M.R. Satwaji Rao (D) by L.Rs.

RESPONDENT: B. Shama Rao (Dead) by L.Rs. & Ors DATE OF JUDGMENT: 09/04/2008

BENCH: Dr. Arijit Pasayat & P. Sathasivam JUDGMENT: JUDGMENT

REPORTABLE

CIVIL APPEAL NO. 319 OF 2002

P. Sathasivam, J.

1) This appeal is directed against the final judgment dated 11.12.1998 of the High Court of Karnataka at Bangalore in R.F. A. No. 465 of 1990 by which the High Court allowed the first appeal filed by the respondents herein.

2) The facts, in a nutshell, are as under: The legal representatives of defendant No.2 are the appellants in this appeal. On 19.2.1948, the plaintiffs' predecessor executed a usufructory mortgage in favour of the appellants herein for a sum of Rs.10,000/-. The terms of the said mortgage deed were that the mortgagee shall remain in possession of the mortgaged property without paying rent and that the mortgage amount of Rs.10,000/- shall carry no interest. The period of redemption was five years from the date of mortgage. However, the mortgagers continued in possession of the mortgaged property as tenants of the mortgagee on a monthly rent of Rs.97.50. As the mortgagors failed to pay the rent, on 19.5.1952, the mortgagee filed suit being O.S. No.

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