1. Defendant in O.S.No.394 of 1993 on the file of the District Munsifs Court at Srivaikundam, is the appellant.

2. Suit filed by the plaintiff was one for redemption of Ex.Al mortgage dated 28. 1975. Plaintiff borrowed an amount of Rs 4,000 and executed a othi and possession was also handed over to the defendant. According to the plaintiff,the othi period is over on 25. 1990. She being an agriculturist is entitled to the benefit of Act 40 of 1979 as per provisions of that Act. Since the property is in the possession of the defendant for more than ten years, the plaintiff is entitled to redeem mortgage without payment. The plaintiff made a demand on 7. 1992 which was received by the defendant on 17. 1992. The defendant did not send any reply nor he surrendered the property to her. The suit was therefore laid to recover property from the defendant free from encumbrances.

3. Theappellant contented that suit is not maintainable in law and only an application before the Local Tahsildar is to be made for redemption and the Civil Suit is not maintainable. He also disputed the allegation that the plaintiff is an agriculturist, entitled to the benefit of Act 40 of 1979.

4. Th