T. NARASINGA RAO, J.

( 1 ) THIS revision petition by the plaintiff-petitioner is directed against the order of the District Munsif Tandur whereby under Issue No. 8 he held that the agreement dated 21-12-1960 is valid and admissible in evidence in spite of non- registration and though not duly stamped.

( 2 ) THE plaintiff laid a suit alleging that the suit Shops bearing Nos. , 3-5-50 to 52 situate in Nayapet. Gandhi Chowk Tondur, were mortgaged by his father for the repayment of the loan of O. S. Rs. 8,000. 00 under a document dated 9th Bahman 1358 Fasli. The income from Property is said to be Rs. 2000. 00 a year and therefore the mortgagee has realised nearly Rs. 50. 000. 00 and as such the defendant-mortgagee is liable to render an account and in that manner the mortgage debt stood discharged. He thus laid the suit for redemption of mortgage and for vacant possession of the properties and for mesne profits.

( 3 ) THE defendant-mortgagee resisted the suit inter alia on the ground that the mortgage amount was not paid as Stipulated after three years and before five years as per the said document and that the mortgagor obtained further Loan of O. S. R. 2000/ -. with interest at 9 per

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