SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1988 Supreme(Bom) 47

B.N.DESHMUKH
Babu & another – Appellant
Versus
Digambar & 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 the suit property was mortgaged by the father of the plaintiffs with one Digambarrao-defendant No. 1 who subsequently died. This property was mortgaged by executing a mortgage-deed on 20 July, 1330 F for Rs. 1,200/-. 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 of more amount. Therefore, he took another Rs. 1,000/- from deceased Digambarrao and allowed him to continue in possession as mortgagee. As the mortgage-deed was executed on 20-7-1330 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 that Digambar











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top