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Dr. Arijit Pasayat, ACJ, P. Sathasivam, J
M.R. Satwaji Rao (D) by L.Rs. – Appellant
Versus
B. Shama Rao (Dead) by L.Rs. & Ors – Respondent
| Table of Content |
|---|
| 1. overview of the case facts (Para 1 , 2) |
| 2. court's reasoning on mortgage subsistence and redemption (Para 3 , 6 , 7 , 9 , 10 , 11 , 13) |
| 3. arguments concerning the mortgage and prior consent (Para 4 , 5) |
| 4. legal interpretations and prior case reference (Para 8 , 12) |
| 5. conclusion of the appeal decision (Para 14) |
P. Sathasivam, J.
1) This appeal is directed against the final judgment dated 11.12.1998 of the High Court of Karnataka at Bangalore in R.F. A. No. 465 of 1990 by which the High Court allowed the first appeal filed by the respondents herein.
2) The facts, in a nutshell, are as under:
The legal representatives of defendant No.2 are the appellants in this appeal. On 19.2.1948, the plaintiffs’ predecessor executed a usufructory mortgage in favour of the appellants herein for a sum of Rs.10,000/-. The terms of the said mortgage deed were that the mortgagee shall remain in possession of the mortgaged property without paying rent and that the mortgage amount of Rs.10,000/- shall carry no interest. The period of redemption was five years from the date of mortgage. However, the mortgagers continued in possession of the mortgaged property as tenants of the mortgagee on a
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