NAVINCHAND KHUSHALCHAND MUTHA Vs. BANAJI DAMU SONDE

JUDGEMENT

(1.) The appeal is filed against the judgment and decree of Regular Civil Appeal No.358/1997 which was pending in District Court Ahmednagar. The appeal of the present respondents, plaintiffs, is allowed by the District Court and the suit filed by the respondents for relief of redemption of mortgage is decreed. Both the sides are heard.

(2.) The suit was filed in respect of land Survey No.655/4 (Gat No.2132), admeasuring 2 hectares 31 R situated at village Deolali Pravara, Tahsil Rahuri, District Ahmednagar. The owner of this land has right to take water from the well situated in previous Survey No.655 in the proportion of the area.

(3.) It is the case of the respondent, plaintiff that in the year 1970 the suit property was given by way of mortgage to Khushalchand, the predecessor -in -title of present appellant for securing debt amount of Rs.5000/ - taken from Khushalchand. The document of mortgage was registered and the period of 5 years was mentioned in the document. It is contended that before expiry of the period, the amount was tendered to defendant No.1, Navinchand, successor of Khushalchand, but he refused to accept the amount. It is contended that the possession of the land was given to Khushalchand and so possession was also to be returned by defendant No.1 to the plaintiffs. It is contended that notice was then issued in the year 1984 through Advocate and they were requested to accept the amount and return back the possession. It is contended that false reply was given by successors of Khushalchand and they refused to return back the land and so cause of action took place for the suit. Relief of redemption of this mortgage was claimed.