A A SHIRDONE Vs. SAHEB H TAJBHOKHARI

JUDGEMENT

(1.) The present connected appeals by special leave ate directed against the judgment of the Karnataka High Court. The dispute in these appeals relates to survey No. 56 of Mangavati village measuring 18 acres and 30 gunthas. Different portions of the said plot were mortgaged by the respondent to different persons now arrayed as appellants in the aforesaid appeals.

(2.) The respondent filed five suits for redemption and actual possession of the mortgaged land against the aforesaid mortgagees. The suits were contested by the mortgagees and their grievance in the main was that they were tenants of the suit land prior to the mortgage and were in possession thereof as such. During the period of the mortgage their tenancy rights remained in abeyance and after redemption their tenancy rights would revive against in view of the provisions of S. 25A of the Bombay Tenancy and Agricultural Lands Act. 1948 and the respondent could not get actual possession over the disputed land despite the redemption. It was further pleaded that the respondent could not get actual possession over the disputed land from the civil court as the proper forum was a revenue court.

(3.) The learned Civil Judge decreed the aforesaid five suits by separate judgments holding that the defendants were not tenants of the suit land prior to the mortgage, and as such there was no question of revival of the tenancy rights after the redemption of the mortgages, under S. 25A of the Bombay Tenancy and Agricultural Lands Act. 1948. The mortgagor was entitled to get possession of the land after redemption of the mortgage.