PATEL PRABHUDAS HARGOVANDAS Vs. JIVIBEN BABALDAS KACHRABHAI PATEL

JUDGEMENT

(1.) Mr.Tejas Barot, learned counsel under the authority of Mr.M.C. Barot, learned counsel for the appellants and Mr.R.C. Jani, learned counsel for the respondent Nos.1/1 to 1/5.

(2.) Short facts necessary for disposal of the present matter are that one Shamaldas son of Parshottamdas on 19/2/1946 for a consideration of Rs.300=00 (Rupees Three Hundred only) mortgaged his agricultural land of Survey No. 1051 admeasuring Acre and 7 Gunthas in favour of the present appellants for a period of 15 years. Since the appellants (defendants) were minor at the time of execution of the deed, the mortgage was accepted by their mother namely Bai Amba Hargovandas. The said Shamaldas son of Parshottamdas had two sons Shankar Shamaldas and Mangal Shamaldas. During currency of the mortgage, the said Shankar Shamaldas and Mangal Shamaldas on 7/2/1954 executed a gift deed in favour of the respondent - plaintiff and on the strength of this document, the plaintiff submits that he has become owner of the property as equity of redemption has been gifted in his favour. The period to redeem the property expired on 18/2/1961. The period of limitation under the old Act of 1908 was 60 years which was reduced to 30 years and within the said reduced period, the plaintiff filed the suit on 14/7/1978 seeking redemption of mortgage.

(3.) The learned Civil Judge (J.D), Visnagar dismissed the suit on 31/7/1984. but on an appeal, the learned appellate court allowed the Regular Civil Appeal No. 150 of 1984 and decreed the suit vide its judgment and order dtd. 18/4/1992. therefore, the appellants - defendants are before this Court.