RAJAGOPAL NAIDU Vs. KUNJAMMAL ALIAS SIVAKAMI AMMAL

JUDGEMENT

(1.) THIS Second Appeal has been referred to a Bench by Krishnaswami Nayudu, J., as it raises a question regarding the scope of the exemption provided for by Section 9 -A, Clause (10)(b) of Act IV of 1938.

(2.) THE appellant before us is a usufructuary mortgagee of certain items of properties from the respondents under Exhibit A -1, dated 10th November, 1930, for Rs. 500. In his turn the appellant sub -mortgaged the mortgage right under Exhibit B -1 dated 29th July, 1945, for a sum of Rs. 3,500 along with other properties. In the suit by the respondent mortgagor for redemption claiming the benefits of the Section 9 -A of the Madras Agriculturist's Relief Act, the appellant claimed the exemption under Section 9 -A, Clause (10)(b). Both the lower Courts have held that he is not entitled to the exemption. Hence this Second Appeal.