GOVIND GANGADHAR DONGARKAR Vs. NARAYAN DAMODAR KULKARNI

JUDGEMENT

(1.) This was a suit brought by the plaintiff to redeem the mortgage dated August 1, 1879, in respect of the lands in suit in favour of Gangadhar Bhivrao, father of defendant No. 1, by Mahadeo Lakshman, predecessor-in-title of the present plaintiff.

(2.) On August 31, 1885, a decree was passed in suit No. 821 of 1883 brought by the original mortgagor for redemption. On July 8, 1914, the plaintiff purchased one half of the property from the daughter-in-law of the mortgagor, and brought the present suit on April 27,1926. The defendant contended that the original mortgage is merged in the decree in suit No. 821 of 1883, and, therefore, the present suit is barred by Secs.11 and 47 of the Civil Procedure Code. Both the Courts held that the present suit for redemption was maintainable.

(3.) It is urged on behalf of the appellant that the suit is brought on the decree in suit No. 821 of 1883 and not for the redemption of the original mortgage dated August 1, 1879. It is further urged that the suit is barred by Section11 and Section 47 of the Civil Procedure Code. And, lastly, it is urged that the lower Court erred in awarding immediate possession to the mortgagor in contravention of the provisions of Section 60 of the Transfer of Property Act.