SATVAJI BALAJIRAO DESHMUKH Vs. SAKHARLAL ATMARAMSHET

JUDGEMENT

(1.) The suit in relation to which the execution proceedings now in question have been taken was brought by the plaintiff against the fist six defendants as vendors who denied his title as purchaser and against the 7th defendant as mortgagee from the other defendants to enforce his purchase against the vendors and to redeem the mortgage.

(2.) The original Court dismissed the suit holding that the plaintiff s title as purchaser was not established as he had not paid the full purchase money and was not ready and willing to perform his contract. The first appeal Court, however, reverse the decree of the original Court and passed a decree that on the plaintiff paying defendants 1 to 6 the sum of Rs. 203-1-8 and paying all cost in the suit within six months from the date of the decree he should be put in possession of the property and should then pay defendant 7 the sum of Rs. 997-8-0 found due on the mortgage with further interest from the date of recovering possession to date of payment on Rs. 633 by annual instalments of Rs. 150 payable in February of each year beginning with February 1912 and that if the plaintiff failed to pay the sum due to the defendants 1 to 6 and costs within six months from the date of the decree he should forfeit his right, to recover possession of the land.

(3.) None of the parties were satisfied by this decree. The plaintiff within ninety days filed an appeal to the High Court and the two sets of defendants filed separate sets of cross-objections. The decree was, however, confirmed by the High Court and the appeal and cross-objections were dismissed.