DHARMA SOMA TARE Vs. HARISCHANDRA GANGARAM TARE

JUDGEMENT

(1.) This Second Appeal challenges the orders of both the trial Court as well as the lower appellate Court by which the appellant's suit has been dismissed. When the appeal was admitted, the following substantial questions were raised:

(2.) The facts giving rise to the present appeal are as follows:

(3.) On 8.3.1982, the appellants, who are the heirs and legal representatives of Sitaram, called upon the respondents not to obstruct their possession of the suit lands. The respondents by his letter of 17.3.1982 informed them that Sitaram had mortgaged the suit lands with him and therefore, they had no right over those lands since Sitaram had failed to redeem the lands within five years as agreed. On 26.5.1982, the appellants called upon the respondents to accept Rs. 1,500/-and to hand over possession of the suit lands. The respondent refused to comply with the request of the appellants and therefore, the appellants instituted RCS No. 535 of 1982 before the Joint Civil Judge, Junior Division, Kalyan on 29.1.1982. This suit was filed for redeeming the land on repayment of Rs. 1500/-to the defendant i.e. the respondent herein.