TANGAVVA Vs. TULASABAI DOULU JADHAV

JUDGEMENT

(1.) This appeal is preferred by the appellants against the judgment and order passed by the Addl. District Judge, Sangli dated 12.7.1989 dismissing the appeal and confirming the judgment and order passed by Civil Judge, junior Division, Jat dated 13.2.1987 decreeing the plaintiffs' suit for redemption of mortgage and for possession of the suit land.

(2.) I have heard the learned counsel for both the parties. Perused the record.

(3.) The Plaintiffs filed the suit for redemption of mortgaged property. The plaintiffs have given geneology of the family which shows that one Sakharam was common ancestor. Gangavva was wife of Sakharam. Sakharam had two sons, namely Tukaram and doulu. Tukaram left behind him his wife laxmibai and daughter Jijabai. The other son doulu expired about 40-50 years back. He was surviving his wife Tulsabai. Tulsabai adopted respondent no. 2 Laxman. Wife of Tukaram namely Laxmibai had a brother by name Govind nana Pawar. She gave her daughter in marriage to her brother Govind. Two sons were born to her within the wedlock. Those were appellant no. 1 Nana and Shankar. Shankar is dead. He was survived by his wife Gangavva alias shantabai and a son namely Appasaheb and a daughter Akkabai Jadhav. These are appellant nos. 2-A to 2-C. During the life time of laxmibai, her mother-in-law Gangubai gave suit lands for her maintenance. Laxmibai started residing with her brother Govind at Miraj. She mortgaged the suit property to Govind for rs. 800/= on 28.8.1917. The mortgagees were placed in possession and was to enjoy the usufruct towards satisfaction of the interest. The mortgage money was to be repaid within 10 years. If the repayment is not made within the stipulated period, the mortgage money was to be paid at any time thereafter, when it was demanded by the mortgagee. In default of payment, the mortgagee had a right to recover the mortgage money by selling the mortgaged property. Till then he was to enjoy the usufruct. Govind expired on 1.4.1938. Laxmibai expired at Miraj on 9.9.1953. After the death of laxmibai, the property reverted and respondents acquired right of redemption. Respondents approached heirs of Govind and offered to pay the mortgage money and hence the suit came to be filed.