JUDGMENT :-

This is a plaintiff's appeal against the judgment and decree passed by the Subordinate Judge, Jagatsinghpur in T.A. No. 17 of 1982 confirming the judgment and decree of the Munsif, Jagatsinghpur in T.M.S. No. 44 of 1978.

2. Plaintiff's case in essence was that he is the owner of the suit land and he mortgaged it to the original defendant-Daitari Sahu on 25-7-1961 and delivered possession of the same. As per terms of the mortgage, defendant was to remain in possession of the suit land and enjoy the usufructs thereof, in lieu of interest and to re-deliver possession of the suit land to the plaintiff on payment of the principal loan amount of Rs. 100/-. The plaintiff pleaded that in the meantime amendment to Section 17 of the Orissa Money Lenders Act came into force in 1975 and in view of that amended provision, the mortgage was automatically discharged and the defendant was legally duty bound to re-deliver the suit land to the plaintiff, but the defendant neither delivered possession of the suit land nor returned the mortgage deed to him. So, he was constrained to file the suit for a direction to the defendant to re-deliver possession of the suit land to him. The defendant