LAWS(SC)-2008-3-80

CHANDRAKANT SHANKARRAO MACHALE Vs. PARUBAI BHAIRU MOHITE

Decided On March 13, 2008
CHANDRAKANT SHANKARRAO MACHALE Appellant
V/S
PARUBAI BHAIRU MOHITE Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Appellant was the owner of a house property situated in Taluka Gandhinglaj, District Kolhapur. On 28.2.1983, Bhairu Rama Mohite and Krishna Rama Mohite (the predecessor of the first respondent herein) executed a registered deed of mortgage in favour of the appellant. The possession of the said property was delivered in favour of the mortgagee.

(3.) Allegedly, an unregistered agreement was entered into by and between the parties herein, stating :