( 1 ) IN this appeal presented against the judgment of our learned brother, Srinivasachari J. , under Clause 15 of the Letters Patent, the short point for determination is whether Section 53-A of the Transfer of Property Act could be invoked by a usufructuary mortgagee.

( 2 ) THE suit brought by the respondent on the foot of a registered sale deed for possession of the property, which was usufructuarily mortgaged to the appellant under an unregistered document, was resisted by the appellant on the basis of his possession obtained in part performance of the mortgage.

( 3 ) WHILE the trial court decreed the suit overruling the defence, the lower appellate court on appeal by the aggrieved defendant dismissed the suit upholding the plea of the defendant. In second appeal brought by the plaintiff against the judgment of the District Judge our learned brother, Srinivasachari J. , reversed the lower appellate Courts judgment in the view that Section 53-A of the Transfer of Property Act is inapplicable to the case of a usufructuary mortgage. It is this view of the learned Judge that is challenged before us by the defendant.

( 4 ) SECTION 53-A of the Transfer of property Act re