KHONDIBA BIN BABAJI Vs. NANA SHIDRAO

JUDGEMENT

(1.) The points of law involved in the second appeal turn upon certain facts which are not in dispute and which may be shortly stated.

(2.) On the 16 of June, 1876, one Revapuri mortgaged the land in dispute to defendant No. 1, Bahirjirao bin Shidojirao. It was a mortgage with possession. The mortgagee, defendant No. 1, leased the land to defendant No. 2, Babaji. under a kabulayat for one year on the 26 of June, 1876.

(3.) On the 3 of December, 1878, when defendant No. 2 was in possession as a tenant of the mortgagee (defendant No. 1), the mortgagor, Revapuri, sold to defendant No. 2 her equity of redemption for Rs. 95. The deed of sale was not registered, not being compulsorily registrable under the Registration Act then in force. From that time up to the date of the present suit defendant No. 2 has continued in possession of the land.