J U D G M E N T

The Second Appeal has been filed challenging the judgment made in A.S. No. 232 of 2006 dated 10.06.2009, on the file of the Principal District Judge, Puducherry.

2. The appellant is the 1st defendant. The suit was filed for the relief of redemption of mortgage. The trial Court had dismissed the suit and the plaintiff filed an appeal. The First Appellate Court allowed the appeal by setting aside the judgment of the trial Court. Now, the second appeal has been preferred by the defendant challenging the judgment of the First Appellate Court.

3. The short facts pleaded in the plaint are as follows: -

The suit is seeking for the relief of redemption of mortgage under the mortgage-cum-conditional sale deed dated 07.10.1987 and for delivery of possession of the suit property, along with the recovery of mesne profits. In the alternative, the plaintiff seeks a decree for specific performance directing the 1st defendant to reconvey the suit property as per the terms of mortgage-cum-sale deed dated 07.10.1987 and to deliver possession along with the mesne profits.

4. The 3rd defendant, while he was working in the Barathi Mills, Pondicherry, under the industrial workers' scheme, was