( 1 ) THE question that arises for consideration in this revision petition is, whether the petition filed by the District Co-operative Central Bank, Chittoor under S. 83 of the Transfer of Property Act (for short the Act ), seeking relief of redemption of mortgage and for delivery of vacant possession of the petition schedule property, is maintainable.

( 2 ) THE facts leading to the case are as follows :the case has a chequered career. Y. Kamalamma and Girijamma borrowed a sum of Rs. 500. 00 in March, 1954 from M. Sarojamma and executed a registered usufructory mortgage deed. Subsequently Sarojamma transferred the said mortgage in favour of one Donti Lakshmiah Chetty on 24-8-1955 and later Lakshmaiah Chetty transferred the same in favour of M. Chandra Mouli and his wife in 1957. Thereafter, these persons again transferred the mortgage deed to the respondent-V. Suryanarayana Setty on 21-1-1959. However, the said Surya-narayana Setty died and his legal representatives were brought on record. It is also stated that Kamalamma borrowed a further sum of Rs. 300. 00 from the respondent and executed another usufructory mortgage deed on 9-1-1960 in respect of petition sch