TARA CHAND Vs. SAGARBAI ALIAS CHAIYALIBAI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and decree dated 5.5.2006 passed by the High Court of Madhya Pradesh, Indore Bench at Indore in Second Appeal No. 474 of 2001 whereby and whereunder the judgment and decree dated 16.8.2001 passed by the District Judge, Jhabua in Civil Regular Appeal No. 4A/1999 arising out of the judgment and decree dated 23.12.1998 passed by Civil Judge, Class-1 Jhabua in Civil Suit No. 1- A/97, was reversed. Respondent admittedly is the owner of the premises in suit. Appellant was a tenant under him. Respondent, however, executed a deed of usfructuary mortgage in favour of the appellant on or about 1.10.1986, the relevant portions whereof read as under:-

(3.) The said document was an unilateral one. It was, however, preceded by an agreement of mortgage which is in the following terms:-