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Judgment
Newsam, J.—The petitioner was a puisne usufructuary mortgagee. In a suit by the first mortgagee he was impleaded and the suit was
decreed. Petitioner, though in terms directed to redeem, that is, to discharge the first mortgage, was in reality merely granted a privilege - the
privilege of freeing his own security and preserving his possession. In no sense of the word is he a debtor. The decree is not against him for a debt
payable by him, but in his favour allowed him a right in equity to redeem the first mortgage. To use the language of Section 3(iii) of the Debt Relief
Act, petitioner is under no liability under the decree. His is not a debt.
The learned District Munsif of Tirupathi has in my judgment rightly dismissed his petition u/s 20 of the Debt Relief Act. I dismiss the revision
petition with costs.