Hence, this appeal by special leave.
2020/2000.
This application under Order 12 Rule 6 CPC was rejected by the trial companyrt, but in revision the High Court set aside the order of the trial companyrt and decreed the suit under Order 12 Rule 6 CPC.
In the mortgage deed it was specifically mentioned that on redemption of the mortgage the mortgagee should become the lessee of the mortgagor automatically as previous to the mortgage.
During the pendency of the suit, the plaintiff filed application under Order 12 Rule 6 CPC for a decree on the basis of the admission by the defendant that the mortgage was for 20 years which had expired on 20.3.2000.
3008 OF 2001 MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment of the Karnataka High Court dated 12.2.2001 in C.R.P. No.
CIVIL APPEAL NO.
On demand for redemption, the defendant refused and hence the suit was filed by the plaintiff, who had purchased the property from Jagadish.
The owner of the properties was one Jagadish, who mortgaged the property with the defendant respondent under a registered mortgage deed dated 19.3.1980 with possession by creating an usufructuary mortgage.
This appeal has arisen out of a suit for redemption of the mortgage and for possession of the mortgaged property.
Heard learned companynsel for the parties and perused the record.
