( 1 ) A short point for consideration is whether the ratio of the decision in Rame gowda v Sarojamma (1980 (1) Kar. LJ. 348) is attracted to this case.

( 2 ) IT is not disputed that the applicant-Marinanjamma died after the commencement of the Karnataka Debt Relief act. It is no doubt true that in Ramegowda v Sarojamma the view taken by the court supported the case of the petitioner. But however the decision relied upon is no longer good law in view of the ruling in Gowramma v Taluka Magistrate (ILR 1986 (2) kar. p. 1016 ). Significantly, the learned Judge who rendered the decision in the case of Ramegowda v sarojamma is a party to the decision of the Division Bench in Gowramma v taluka Magistrate In the said decision of the Division Bench this Court observed thus :"devaiah was alive when the Act came into force. He shall be deemed to have been relieved from his indebtedness if he were a debtor as defined under the Act. He had a right to recover possession of the mortgaged property free from encumbrance. Without taking delivery of the property, if Devaiah died, his wife is entitled to that property must be held to have the right to recover the property. She could do