Judgment

S.R. DAS, CJI. : This appeal by special leave has arisen out of Original Suit No. 582 of 1937 filed in the Court of the Subordinate Judge of Chikodi by one Tukaram Shiddappa Borgavi alias Teli (since deceased) as his son Mallappa Tukaram Borgavi alias Teli (1st respondent herein) against the appellants for the redemption of certain mortgaged property and possession thereof free from encumbrances and for other ancillary reliefs. The mortgaged property consists of R. S. No. 307 which is Devasthan Inam lands burdened with the obligation to supply oil for Nand Deep, i.e., keeping a lamp always burning before Shri Tholaba Deity in the village of Nipani. The said property originally belonged to two brothers Shiddappa and Annappa. The khata of the land, however, stood in the name of Shiddappa as the registered occupant under S. 74 of the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879).

2. The facts material for our present purpose may now be stated. On January 23, 1888, Shiddappa and Annappa executed a unufructuary mortgage (Ex. D-51) in favour of Lalchand Bhavanchand Gujar and Tuljaram Bhavanchand Gujar for Rs. 1,300 made up of Rs. 1,100 due under a previous mortgage and Rs.