KANBI LADHA UKEDA Vs. JOSHI JESTARAM GANGARAM

JUDGEMENT

(1.) The plaintiffs filed Regular Civil Suit No. 32 of 1959 in the Court of the Civil Judge (Junior Division) at Mandvi for redemption of mortgage. It appears that in or about 1943 A. D. the suit lands were mortgaged by the plaintiffs to the defendant by an unregistered mortgage-deed.

(2.) The defendant resisted the suit on the ground that the suit for redemption was not maintainable because the mortgage was created by an unregistered document. He also raised pleas under the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act 1958 (hereinafter referred to as the Tenancy Act) and under the Bombay Inams (Kutch Area) Abolition Act 1958 (hereinafter referred to as the Inams Abolition Act).

(3.) The learned Trial Judge raised the necessary issues recorded the evidence and arrived at the finding that the Plaintiffs are entitled to redeem the lands and therefore he passed in favour of the plaintiffs the preliminary decree for redemption.