CHANDRASHEKAR HEBBAR Vs. SHEENAPPA SHETTY

JUDGEMENT

(1.) The appeal has been admitted on the following questions of law, namely:

(2.) To answer these and either questions of law that arise for consideration, it is in order to state the facts of the case.

(3.) The Counsel for the appellant would seek to contend that the mortgage created by the appellant is not denied. The same was created by the father of the appellant. The father having died, the appellant has prosecuted the suit as a legal representative of the mortgagor. It was therefore relevant as to whether the debtor namely, the father of the appellant was covered under the provisions of the Act. While it is a fact that the plaintiff-appellant had not chosen to approach the Competent Authority prescribed under the Act to seek the relief that was available under the Act, there was no issue as to whether the appellant was precluded from approaching the Civil Court. The only issue on which the First Appellate Court has affirmed the judgment of the Trial Court is on the ground of limitation. The Counsel would contend at length and would seek to interpret the terms of the mortgage deed, to assert that the right to seek redemption of mortgage actually accrued in the year 1959 and not 1958 and that the suit was in time. Since under Article 61(a), the right to redeem and recover possession of the property accrued in 1959 and the 30 years period of limitation would have expired in the year 1989 and therefore, the Courts below were not justified in dismissing the suit on the ground of limitation.