LAWS(KAR)-1987-11-40

LAXMANRAO KRISHNAJI KULKARNI Vs. BALAKRISHNA YELLAPPA GHODAKE

Decided On November 04, 1987
LAXMANRAO KRISHNAJI KULKARNI Appellant
V/S
BALAKRISHNA YELLAPPA GHODAKE Respondents

JUDGEMENT

(1.) The appellants are defendants 1 to 3. Respondents 1 to 5 are the plaintiffs Respondent No.6 is the 4th defendant. In this judgment, the parties will be referred to with reference to the position assigned to them in the trial Court. Defendants 1 to 3 have preferred this appeal against the judgment and decree dated 31-10-1986 passed by the Additional Civil Judge, Hubli in O.S. No.146 of 1980.

(2.) The trial Court apart from other findings has also recorded a finding that clause 9 of the mortgage deed in so far it enables the mortgagees to continue in possession as tenants even after the redemption of the mortgage is a clog on the right of redemption and as such is not enforceable. The terms of the decree are as follows:

(3.) Defendants 1 to 3 are the mortgagees. Plaintiffs 1 to 5 are the mortgagors. The suit properties in question were mortgaged to defendants 1 to 3 by the plaintiffs on 21st April, 1965 under a registered deed of possessory mortgage marked as Ex.P.1 for a sum of Rs.25,000/-.