K.N. Keshavanarayan, J

The unsuccessful plaintiff in O.S.209 of 1991 on the file of the then Munsiff is before this Court in this second appeal questioning the legality and correctness of the concurrent judgment of the Courts below, dismissing his suit filed for redemption of the mortgage an re-delivery of the mortgaged property to him.

2) The appellant was the sole plaintiff and the 1st respondent was the sole defendant in the Trial Court. The plaintiff filed the suit for judgment and decree directing the defendant to redeem the mortgaged property by receiving the mortgaged amount and to deliver the original Mortgaged Deed with discharge share thereon and also to deliver vacant possession of the schedule property to him and for an enquiry under Order 20 Rule 12 CPC regarding future mesne profits from the date of suit till the date of delivery of possession. The subject matter of suit is an out house situated at Jains Colony, Mandya City bearing Municipal Khatha No.4719/1428 site measuring East- West: 28-1/4 feet and North-South: 40ft 2”with Mangalore tiled roof.

3) The case of the plaintiff in briefs is as under:

The schedule property originally belonged to one Sri. M.A