Subsequent petitions by the plaintiff for review of this decree and for leave to file a Letters Patent Appeal were dismissed on April 14, 1960.
On April 15, 1953, the plaintiff filed an appeal in the Court of the Assistant Judge at Bijapur, and the defendants filed crossobjections.
The plaintiff shall recover half the companyts of the suit from the defendants and the defendants shall bear their own.
Appeal by special leave from the judgment and decree dated December 7, 1959 of the Mysore High Court in Second Appeal No.
The plaintiff number appeals to this Court by special leave.
G. Patwardhan, S. N. Prasad, J. B. Dadachanji, for the appellant.
Gopalakrishnan, for the respondents.
184 of 1956.
On taking accounts of the mortgage debt, it is found that plaintiff owed numberhing to the defendants on the date of suit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 was the usufructuary mortgagee under a mortgage deed dated June 28, 1945 Ex.
The Judgment of the Court was delivered by Bachawat, J. On April 19, 1951, the plaintiff appellant instituted a suit in the Court of the Second Joint Civil Judge, Junior Division at Bagalkot, for possession of the suit properties on redemption of a mortgage and the taking of accounts on the allegation that defendant No.
270 of 1963.
On March 4, 1953, the trial Court passed the following decree 10.
The defendants pleaded that the transaction of June 28, 1945 was an advance lease and number a mortgage, and they were protected tenants within the meaning of the Bombay Tenancy and Agricultural Lands Act, 1948 Bombay Act LXVII of 1948 hereinafter referred to as the Act.
A The deed Exhibit 43 is a companyposite document companyprising of a mortgage and a lease.
