VAGHELA RAGHUVIRSINH Vs. PRATABA WD/O.ADESINH DALALBHAI

JUDGEMENT

(1.) These two appeals are between the same parties. Substantial questions of law raised in the appeals are also same. Issues raised before the Courts below were also the same.

(2.) These appeals are filed under Section 100 of the Code of Civil Procedure by the original plaintiff.

(3.) In Civil Suit No.1 of 1990, it is the case of the plaintiff that the suit property bearing Survey No.60 Hissa No.5, known as Semadiyu situated in village Garodia, Taluka Sanand, District Ahmedabad, admeasuring 39 gunthas is of the ownership of the plaintiff. The suit property was given by the father of the plaintiff by oral mortgage to the husband of defendant No.1 and father of defendant Nos.2 to 7 for an amount of Rs.350/-. Entry No.102/198 for such oral mortgage was recorded in the Government record and as per the terms of oral mortgage, husband of defendant No.1 and father of defendant Nos.2 to 7 was to re-transfer the suit property on father of the plaintiff paying Rs.350/- to the husband of defendant No.1 and father of defendant Nos.2 to 7. It is further case of the plaintiff that the plaintiff had shown his readiness and willingness to repay the said amount to the defendants but the defendants refused to re-transfer the suit property and therefore, a registered notice dated 19.12.1989 was issued to the defendants. Then also, since the defendants did not release the suit property from the mortgage, the suit is filed for redemption of the mortgaged property.