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1988 Supreme(Bom) 50

B.N.DESHMUKH
Babu s/o Balaji Kale & another – Appellant
Versus
Digambar s/o Annasahaeb by his legal representatives & others – Respondent


JUDGMENT - B.N. DESHMUKH, J.:---This second appeal is filed by the plaintiffs who have filed a suit for redemption of property agricultural land Survey No. 57/A admeasuring 14 Acres 4 gunthas of village Dhondrai Tq. Gevrai.

2. The case of the plaintiffs is that he suit property was mortgaged by the father of the plaintiffs with one Digambarrao-defendant No. 1 who subsequently died. The property was mortgaged by executing a mortgage-deed on 20 July, 1330-F for Rs. 1200/-. The period of mortgage was mentioned as 10 years. The possession of the land was given to deceased Digambarrao-defendant No. 1. The father of the plaintiffs was in need for more amount. Therefore, he took another Rs. 1,000/- from deceased Digambarrao and for that allowed him to continue in possession as mortgagee. As the mortgage-deed was executed on 20-7-1930-F, no document was executed after taking Rs. 1,000/- subsequently. According to plaintiffs, property was mortgaged on 20-7-1330-F and it continued to be in possession even after obtaining additional loan of Rs. 1,000/- before the expiry of period of mortgage according to the mortgage-deed.

3. The defendants denied the existence of mortgage and contended t











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