19. This Court in the similar circumstances, in the
Judgment rendered in the case of K.Amarnath vs. Smt.
Puttamma reported in ILR 1999 Kar 4634 held as follows:
12. The learned counsel for the appellant also
relied upon the Judgment of the Hon'ble Apex Court in the
case of Kolathoor Variath And Another vs.
Pairaprakottoth Cheriya Kumhahammad Haji reported
in AIR 1974 Supreme Court 689 to contend that in a suit
for redemption of mortgage, if the plaintiff cannot regain
possession on the basis of an oral mortgage, it is open for
him to recover the possession on the strength of his title.