BABURAO Vs. HABAJI

JUDGEMENT

(1.) THIS second appeal is filed by the original defendant challenging the decision and order passed in appeal filed by the res pondents-plaintiffs in District Court at Beed. The learned District Judge beed, while allowing the appeal filed by the plaintiffs allowed the modification of the decree passed by the Trial Court by substituting the wordfull in place of half proceeding the word share and by ordering that plaintiff is entitled to possession of whole of the suit filed from the defendan by redeeming the mortgage.

(2.) THE plaintiff had filed a suit for recovery of possession of the suit lands by redeeming the mortgage dated 27th Shahrewar 1356 F. i. e, (27-7-1947 ). The mortgage was for 20 years.

(3.) THE case of the plaintiff was that he was owner of the suit lam and as the period of mortgage has come to an end on 26-7-1967 after 20 years, he is entitled for possession of the whole of the suit land. On these allegations, he filed a civil suit on 30th September, 1969, against the present appellant.