DEVADOSS
Chellakutti Naicken – Appellant
Versus
Vengappa Pillai – Respondent
Devadoss, J.
1. The only point argued in this second appeal is that the mortgage, in question is an anomalous mortgage, and, therefore the provisions of Section 98 of the Transfer of Property Act apply and reliance is placed upon the case reported as Pate Muhamad v. Davood (1915) 39 Mad. 1010, for the purpose of construing the document as an anomalous mortgage. Beading the suit document as a whole, it is quite clear that) the parties intended to create an ordinary possessor mortgage. The only condition added is that should the mortgagor fail to pay the mortgage amount within a certain time the transaction should be treated as a sale. Adding a clause of this kind to an ordinary possessor mortgage would not make it an anomalous mortgage. The clause puts a clog on the equity of redemption. That by itself would not convert an ordinary possessor mortgage or a usufructuary mortgage into an anomalous mortgage. The case, Pate Muhamad v. Davood (1915) 39 Mad. 1010, is distinguishable on the facts. There the words are, "if they do not act according to those conditions, they will surrender the house and the deed treating the transaction as a sale." That shows evidently that possession
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