B.N.DESHMUKH
Babu & another – Appellant
Versus
Digambar & others – Respondent
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
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