SAMPAT Vs. RESHAMBI

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Appeal No. 125/1981, which was pending in the Court of Additional District Judge, Jalna. The First Appellate Court has confirmed the judgment and decree of Regular Civil Suit No. 11/1971, which was pending in the Court of Civil Judge, Junior Division, Bhokardan, District Jalna. The decree of redemption of mortgage is given in favour of respondents. Both the sides are heard.

(2.) The suit was filed by respondents for redemption of mortgage and for possession of agricultural land bearing Survey No. 99/2 situated at Banegaon, Tahsil Bhokardan, District Jalna. The land admeasuring 13 Acres 35 Guntas was owned by one Shaikh Amir, husband of plaintiff No. 1 and father of plaintiff Nos. 2 to 4. Shaikh Amir died seven years prior to the date of suit. It is contended that in May 1950 Shaikh Amir had mortgaged the suit land to Sampat, original defendant No. 1, for consideration of Rs. 750/-. It is contended that the possession of land was given to defendant No. 1 and the defendant No. 1 was to recover the mortgage money by cultivating the land for the period of 20 years. It is contended that after expiry of 20 years, the possession of land was to be returned to the owner by Sampat.

(3.) It is the case of plaintiffs that even after expiry of 21 years, the possession was not returned by Sampat and his heirs and so, the suit was required to be filed. As the suit land was in possession of defendant Nos. 2 and 3, sons of defendant No. 1, they were made party defendants. It is the contention of the plaintiffs that permission of Collector was necessary for execution of possessory mortgage and as Sampat was in money lending business without holding licence for it, the document of mortgage was not created and the document of Ijaranama was created on 26.5.1950.