RADHABAI Vs. ABAJI JANEJI NAIHEDI

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 9th August, 1994 passed by the VII Additional District Judge, Pune, in Civil Appeal No. 661 of 1993, whereby the lower appellate Court confirmed the judgment and decree dated 21st August, 1993 passed by the Civil Judge, Junior Division, Junnar, in Regular Civil Suit No. 24 of 1962.

(2.) THIS is a matter where the plaintiff filed the aforesaid suit for redemption of mortgage in the year 1962 for redeeming the mortgage of an agricultural land for a consideration of Rs. 500/- and for more than 30 years this matter was moving to and fro on technical grounds from trial Courts and lower appellate Courts and it has ultimately landed before this High Court in this second appeal.

(3.) FEW facts which are material from the point of view of disposal of this appeal are as under ; appellant in this case is original defendant. Respondent No. 1 (original plaintiff) filed the aforesaid suit before the Civil Judge, Junior Division, Junnar, for redemption of mortgage and also for possession of the suit property. In the said suit, defendant No. 2 was joined as a party. Defendant No. 2 had no objection to redeem the suit property. In the suit, it was contended on behalf of the plaintiff that the suit land was mortgaged for Rs. 500/- and since defendant No. 2 refused to redeem the said mortgage inspite of his readiness and willingness to return the said amount of Rs. 500/-, the plaintiff had filed the aforesaid suit for redemption of the mortgage. It may be kept in mind that the mortgage is a usufractuary mortgage in the sense that after accepting Rs. 500/-, the mortgagor handed over possession of the suit property to the mortgagee and allowed him to enjoy the usufract of the mortgage in lieu of payment of interest. The aforesaid suit was decreed on 23rd March, 1964 ex parte.