A. K. LAXMESHWAR, J.

( 1 ) THE above Regular Second Appeal is directed against the Judgment and Decree made on 28-1-1978, in R. A. No. 10/1976, on the file of the Principal Civil Judge, setting aside the Judgment and Decree made on 13-11-1975, in O. S. 65/1972, on the file of the munsiff, Ramanagaram.

( 2 ) THE facts of the case in brief are : that the plaintiff filed a suit for directing the 1st defendant to pay mesne profits from the date of the suit upto the date of delivery of possession in addition to giving him possession. The suit schedule house and shops belonged to one Puttaswamigowda son of Puttaswami gowda. The plaintiff is the daughter-in-law of the said late Puttaswami gowda and wife of m. P. Somanna, who is deceased. The plaintiff and her deceased daughter Chandramma executed a release deed dated 20. 6. 1959, wherein, the suit schedule property along with other properties were taken by the plaintiff and her minor daughter in lieu of their share in the family properties. The suit schedule property was mortgaged with possession by late Putttaswami gowda in favour of one late Ranganna, the father of the first defendant under a registered mortgage deed dated 15. 12. 1930,

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