DARBAR JADUBHA NANBHA Vs. PATEL UKA DUDA

JUDGEMENT

(1.) is is plaintiffs' Second Appeal arising out of following facts :

(2.) Brief facts are that the plaintiffs are the owners of plot No. 31 measuring 6 Acres and 32 Gunthas. It was mortgaged by them with the defendants-respondents on 14-6-1963 for Rs. 6,000.00. According to the plaintiffs it was mortgage by conditional sale and the transaction was for the safety of amount of Rs. 6,000.00 advanced by the defendants to the plaintiffs. Market value of the land on the date of mortgage was Rs. 20,000.00. The plaintiffs were in hard financial conditions, hence they mortgaged property for a sum of Rs. 6,000.00 only. The plaintiffs wanted to redeem the mortgage after payment of Rs. 6,000.00 but the defendants refused to accept the same. Accordingly, notice was served by the plaintiffs. The defendants in reply to the notice stated that it was outright sale and not mortgage by conditional sale. Accordingly, the suit for redemption was filed.

(3.) The defendants contested the suit on the ground that it was time- barred and that the transaction was outright sale and not mortgage by conditional sale. Notice of the plaintiffs was properly replied by the defendants. The plaintiffs did not file the suit till 15-1-1969, hence, it was time-barred. It was denied that the market value of the land was Rs. 20,000.00 and not Rs. 6,000.00.