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2019 Supreme(SC) 1001

NAVIN SINHA, INDIRA BANERJEE
GANPATI BABJI ALAMWAR (D) BY LRs. RAMLU – Appellant
Versus
DIGAMBARRAO VENKATRAO BHADKE – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Amol Nirmalkumar Suryawanshi, AOR Mr. Prashant Kenjale, Adv.
For the Respondent(s) Mr. Aditya P. Khanna, Adv. Mr. Shivaji M. Jadhav, AOR Mr. Nicholas Choudhury, Adv. Mr. Brij Kishor Sah, Adv. Mr. Shiv Ram Pandey, Adv. Mr. Nikhil Adkine, Adv. Mr. Aaryan P., Adv. Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Anoop Kandari, Adv. Mr. Debasis Misra, AOR

JUDGMENT

NAVIN SINHA, J.

The appellants, who were the original defendants are aggrieved by the dismissal of their second appeal, affirming the judgment of the First Appellate Court, which reversed the dismissal of the suit for redemption of mortgage filed by the plaintiffs.

2. The parties shall be referred to by their original position in the suit for convenience. The plaintiffs purchased daily necessities from the shop of defendant no.1 on credit. A sum of Rs.10,500/­ became outstanding after verification of accounts. On 26.04.1970, the plaintiffs executed an instalment bond, Exhibit 53, to pay the dues in three yearly instalments on the occasion of Gudi Padwa in 1971, 1972 and 1973. The plaintiffs defaulted in payment of the first instalment itself. On 29.04.1971, Exhibit 52, the plaintiffs executed a conditional sale deed for sale of their agricultural lands measuring 2½ acres in favour of defendant no.1 for a sum of Rs.11,000/­. The earlier dues of Rs.10,500/­ formed part of the consideration. The plaintiffs admitted having received a sum of Rs.500/­ earlier. The agreement provided that the plaintiffs upon repayment of the dues by Gudi Padwa of 1973 shall be entitled to reconveya

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