Importent Point:
Terms of a registered document could be varied or altered only by another registered document.

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 adm.72.52 sq. meters from out of which house and the open space on the Western side admeasuring 36.26 meters was given to you by way of mortgage by conditional sale for Rs.20,000/- under registered document No.229 dated 1.3.1983 and the same is recorded in your name." Some other terms and conditions were also laid down therein.

4. Respondents, being the predecessors in interest of the mortgagor filed a suit for redemption of the mortgage. Krishna died during the pendency of the suit. As the period specified in the said Deed of Mortgage was to expire on 28.2.1990, the plaintiff served with a notice dated 17.2.1990 for redeeming the suit property. As the same was not acted upon, a suit for redemption of mortgage was filed.

5. Contention of the appellant, inter alia, was that he has been put in possession of the said property as a tenant. It was urged that by reason of the said mortgage, his right to occupy the premises as a tenant was not extinguished.

6. In view of the aforementioned rival contentions of the parties, the learned Trial Judge framed the following issues :

"1. Do the plaintiff prove that Bhairu Rama Mohite and the defendant No.10 Mortgaged the suit property to the defendant by conditional sale on 1.3.1983?

2. Does the defendant prove that he is in possession of the suit property as a monthly tenant?

3. Are the plaintiffs entitled to redeem the mortgage by obtaining reconveyance of the suit property from the defendant? 4. Are they entitled to possession of the suit property?

5. What order and decree?"

7. On issue No.1, learned Trial Court opined : "Now we have to see what was intended by the parties to these three documents. It may be noted that parties to these documents are the same. The defendant claims tenancy rights by virtue of agreement dated 24.2.1983 (Exh.52). On the other hand according to the plaintiff the property comprising this agreement is not the subject matter of the mortgage the controversy has to be solved by going through the contents of the document. From the recitals it appears that the Municipal House No.1440 was agreed to be let for the period of 7 years on lease by accepting Rs.20,000/-. It also appears from the recitals that the plaintiff received Rs.1,000/- on the day of agreement. I do not come across recitals of the defendant having been put in possession of the property. On the contrary, the recitals do show that the agreement was executor (sic) in nature and the intended transaction was to be completed within15 days. Therefore, I do not subscribe to the submission of the defendant that the lease was created by Exh.52 on 24.2.1983. It is true that if we peruse the description of the pro