ASAGARALI ABDUL HUSSAIN BOHARI Vs. SUBHASH ZUMBARLAL MUTHA

JUDGEMENT

(1.) This appeal arose from Regular Civil Suit No. 272 of 1978.

(2.) The facts leading to this appeal in short can be stated as under :-

(3.) The plaintiff purchased the suit property which is a building at Ahmednagar. He purchased it from children of one Ibrahim. Children of Ibrahim had mortgaged four rooms and privies etc. situated on first floor (floor above the ground floor) of this building to the defendant/appellant on 12.06.1965, by a registered deed. The contents of the mortgage deed suggest that out of these four rooms, defendant No.1 was already occupying two rooms and the other two rooms were in possession of two different tenants of children of Ibrahim. The other term of this transaction was that after ten years, the children of Ibrahim were entitled to redeem the mortgage by repaying the amount of Rs. 10,000/-. The property as said above was sold to the plaintiff by the children of Ibrahim. The plaintiff sought redemption of mortgage but the same was denied. So, the suit was filed for redemption of mortgage and possession.