V.R.KINGAONKAR
Vasantrao s/o. Manoharrao Neb – Appellant
Versus
Kishanrao s/o. Shankarrao Neb – Respondent
. This Second Appeal arises out of judgment rendered by learned Second Additional District Judge, Jalna, in appeal bearing Regular Civil Appeal No.114 of 1984. By the impugned judgment, the learned Additional District Judge was pleased to set aside dismissal of suit for redemption of mortgage and granted decree for redemption.
2. The appellants are legal representatives of deceased Vasantrao Neb, who was original defendant No.1. The respondents are legal representatives of deceased Shankarrao Neb. They are original plaintiff and defendant Nos.2 to 6. Deceased Shankarrao Neb was the owner of suit house property. He executed a document dated 03.02.1953, in favour of deceased defendant Vasantrao, whereby the suit-house property was mortgaged for 7000/- Osmaniya Sikke. The mortgage deed is styled as "Rahan Bil Kabja", and is written in Urdu script. It was agreed between the parties that the suit property would be given in possession of Vasantrao Neb. It was agreed that from day of execution of the mortgage deed he would continue to remain in possession till the amount was repaid. It was further agreed that there shall be no rent for the house proper
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