JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. Appellant was the owner of a house property situated in Taluka Gandhinglaj, District Kolhapur. On 28.2.1983, Bhairu Rama Mohite and Krishna Rama Mohite (the predecessor of the first respondent herein) executed a registered deed of mortgage in favour of the appellant. The possession of the said property was delivered in favour of the mortgagee. The period prescribed in the said Deed of Mortgage was seven years. The amount of mortgage was Rs.20,000/-. It was agreed that upon expiry of the said period, the property would revert back to the mortgagor.

3. Allegedly, an unregistered agreement was entered into by and between the parties herein, stating : "This agreement in writing executed by us in respect of land C.S. No.1943 admeasuring 252 Sq. meters situated Mouje Gadhinglj which includes house and open space belongs to us absolutely. Earlier the house admeasuring East West 39 feet i.e. 11 meters 89 centimeters and South-North 49 feet i.e. 14 meters 94 centimeters, totally adm.177.63 59 meters house as also the open space in front of the house East West 21.89 meters and South-North 6.10 meters totally