PANDURANG APPAJI BAVADEKAR Vs. RATANCHAND SHIVCHAND SHAH

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 2.2.1985 passed by Second Additional District Judge, Sangli, in Civil-Appeal No.123 of 1983 preferred against the judgment and decree dated 29.2.1980 passed by Civil Judge, Senior Division, Sangli, in Special Civil Suit No.203 of 1976. By the aforesaid judgment and decree, the lower appellate Court allowed the appeal and set aside the judgment and decree passed in the Special Civil Suit No.203 of 1976.

(2.) THE aforesaid judgment and decree of the lower appellant Court is the subject- matter of challenge in this second appeal.

(3.) AGAINST the aforesaid judgment and decree dated 29.2.1980 passed by the Civil Judge, Senior Division, Sangli, in Special Civil Suit No.203 of 1976, defendants preferred an appeal being Civil Appeal No.125 of 1983. The aforesaid appeal was allowed and judgment and decree passed by the lower Court was set aside. The appellate Court held that the transaction entered into between the defendants and plaintiff is not a self-redeeming mortgage but it is in the nature of lease. In view of this finding, the lower appellate Court refused to pass the decree of redemption in favour of plaintiff. This decision given by the lower appellate Court is subject-matter of challenge before me in this second appeal.