K. SREEDHAR RAO, J.

( 1 ) THE appeal filed against the judgment and decree passed in R. A. No. 204/99 on the file of the Civiljudge (Sr. Dn.) Kolar, arising out of the judgment and decree passed in O. S. No. 6/95 on the file of the Addl. Civiljudge (Jr. Dn.), Malur. The appellant is the first defendant. Respondent/plaintiff filed a suit for redemption of mortgage and possession of the suit property. According to the plaintiff the suit property is mortgaged in favour of the defendant for a sum of Rs. 4000/- under registered mortgage deed. The plaintiff offered the amount and sought redemption, when the defendant refused, the suit came to be filed. The sum of Rs. 4000/- is also deposited before the trial. Court, Defendant contends that prior to the mortgage he was residing in the premises as a tenant on a monthly rent of Rs. 15/- and that by redemption his right to continue in the premises, as a tenant would not get extinguished in law. Therefore, resisted the claim of possession. The trial Court rejected the defence contention, decreed the suit. The first appellate Court confirmed the judgment and decree of the trial Court. Hence, the second appeal.

( 2 ) THE following substantial qu

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