SANJAY Vs. RAHATA VIVIDH KARYAKARI SOCIETY LTD.

JUDGEMENT

(1.) The appeal is filed against the judgment and decree of Regular Civil Suit No.118/1996 and Regular Civil Appeal No.128/2001. The Civil Judge, Junior Division, Kopargaon, District Ahmednagar, dismissed the suit filed by the present appellants for redemption of mortgage and this decision is confirmed by the first Appellate Court. Both the sides are heard.

(2.) The suit was filed in respect of three properties like House property Gram Panchayat House No.974, Gram Panchayat House No.275 and Gram Panchayat House No. 976. These properties were subsequently given municipal numbers when the Village Panchayat was converted into Nagar Palika and corresponding numbers are given in the plaint.

(3.) It is the case of the plaintiffs that father of the plaintiff No.1 namely Punamchand was owner of these properties and under a deed of mortgage dated 23-4-1970 he gave the property to defendant No.1, one cooperative society. It is contended that amount of Rs.25,000/- was taken by Punamchand from defendant No.1 for giving the property by way of mortgage and the period fixed was 10 years. Plaintiff No.2 is widow of deceased Punamchand Punamchand died on 31-5-1984.