GANPATRAO APAJI JAGTAP Vs. BAPU TUKARAM

JUDGEMENT

(1.) The plaintiff brought this suit to redeem the plaint land which had been mortgaged to the father of the 1st defendant by three brothers Balvantrao, Namdeo and Tatya by a deed of mortgage for Rs. 700 on the 8th August 1805. One Ramji purported to buy the equity of redemption by a sale-deed in 1867, and the present plaintiff is an assignee from Ramji. After the three brothers had executed the deed in favour of Rataji in 1867, two of them Tatya and Namdoo purported to sell to two persons Savlya and Pandu their right in the equity of redemption, and thereafter in execution of a decree against Balvantrao his right in the equity of redemption was put up for sale and bought by the 1st defendant. The 1st defendant also alleges that as Savlya and Pandu filed a redemption suit and after getting a decree for redemption failed to redeem the property, their right to redeem was barred, and therefore, the 1st defendant became entitled absolutely to the mortgaged property.

(2.) The proceedings have gone through various phases in the lower Courts. In the trial Court the plaintiff was granted a redemption decree which appears at p. 19.

(3.) On appeal the case was remanded to the trial Court for findings on the following issues:- Was the sale deed to Ramji in 18G7 really a mortgage; if it was a mortgage to what relief is the plaintiff entitled. 3. The case on remand came before another Subordinate Judge, and he referred to the facts already recorded, and came to the conclusion that what purported to be a sale to Ramji in 1867 was really a mortgage, and on that finding he held that the plaintiff was entitled to recover Rs. 133-5-4 as secured on Survey No. 120 out of the plaint land.