ASMAL BAGAS ABHARAM Vs. RAJ MAHIJIBHAI PARBHATSING

JUDGEMENT

(1.) The plaintiffs filed against the defendant Regular Civil Suit No. 122 of 1964 in the Court of the Civil Judge Junior Division Karjan for redemption of mortgage of the suit property. The suit property consists of two parcels of land carved out of S. No. 260 of village Dhamanja in Baroda District. The plaintiffs mortgaged the suit land to the defendant on 4th May 1954 for a sum of Rs. 2925/under a registered document. It is the plaintiffs allegation that it is a mortgage by conditional sale.

(2.) In defence the defendant contended that the transaction was an outright sale and not a mortgage by conditional sale. He also contended that on payment of six times the assessment in respect of the suit land he had become occupant thereof.

(3.) The Trial Court held that the transaction was a mortgage by conditional sale that the plaintiff No. 2 alone was entitled to redeem the mortgage and that the defendant had not become an absolute owner of the suit land under the Bombay Tenancy and Agricultural Lands Act 1948 In that view of the matter the Trial Court passed preliminary decree for redemption of mortgage against the defendant.