VIRBHADRA Vs. NAMDEO

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Appeal No. 488/1993, which was pending in the Court of Additional District Judge, Biloli, District Nanded. The Trial Court has given the decree of redemption of mortgage in favour of present respondents and the said decision is confirmed by the First Appellate Court. Both the sides are heard.

(2.) The suit was filed for redemption of mortgage of agricultural land bearing Survey No. 2, admeasuring 18 Acres 19 Gunta situated at Lakhmapur, Tahsil Mukhed [to the extent of 8 Acres and given separate number as survey No. 2/B]. It is the case of plaintiffs that father of plaintiff No. 1 namely Dnyanoba was real brother of Vithoba and they lived in joint family. It is contended that in the year 1971, Vithoba gave the suit property by way of mortgage for the consideration of Rs. 4,000/- and for the period of five years to defendant and possession was taken by defendant as mortgagee. It is contended that Vithoba died in the year 1972. It is contended that Vithoba was issuless and his widow also died subsequently. It is contended that it was joint family property and further, plaintiff No. 1 is the only heir, who can succeed to the property of Vithoba and so, he is entitled to file the suit for redemption.

(3.) It is the case of plaintiffs that they had requested the defendant to accept the amount of Rs. 4,000/- and return back the possession but the defendant refused to do so. It is contended that lastly the demand was made by plaintiffs in the month of November 1981 and when defendant refused to deliver back the possession, the plaintiffs were constrained to file the suit.