GULABRAO VISHWAS DESAI Vs. BHAU DHONDI DESAI

JUDGEMENT

(1.) The appellant herein impugns the judgment and order dated 3rd August 1988 thereby upholding the judgment and order passed by the Civil Judge, Junior Division, Ajara in Reg. Civil Suit No.33 of 1982. Although there are concurrent findings, the substantial question of law in the present case is restricted to the issue framed by the appellant in Issue No.1 and Issue No.2 which reads as follows :-

(2.) The said issues call for considering the interpretation of the document i.e. the mortgage deed which is marked at Exh.30 in the original proceedings.

(3.) The appellant herein has filed a suit for re-conveyance/ redemption of the mortgage on the basis of the mortgage deed dated 27th January 1969 executed between the parties before Registrar. It was a registered document. Both the Court have held that the very title of the said document is enr [kjnh i= which means a sale for specific period. According to the plaintiff, this was not a sale deed but a deed of mortgage executed between the parties and was covered by section 58 of the Transfer of Property Act, 1882. Section 58 reads thus :