1. This is an appeal by the original plaintiffs raising challenge to the judgment and decree passed by the Jt. Civil Judge, Jr.Dn., Kannad in Regular Civil Suit no. 94/76 on 28-8-1976 which has been confirmed by the 3rd Additional District Judge, Aurangabad in Regular Civil Appeal no. 281/86 by judgment delivered on 20-12-1990.

2. The plaintiffs instituted a suit seeking declaration that the order passed by the Tahsildar/Special officer in file No. 75/MAG, dt. 23-7-1976 directing the plaintiffs to handover the possession of the suit house bearing Municipal No. 1822 situated at Kannad as invalid, illegal and in excess of the jurisdiction conferred on the authority. The defendant had tendered an application before the Special Officer appointed under the provisions of Maharashtra Debt Relief Act, 1975 for releasing of the house property which is said to have been mortgaged in favour of grand father of the plaintiffs. It is contended that by virtue of mortgage transaction entered into in 1310 fasli i.e. 1910 A.D., the disputed house has been mortgaged in favour of the grand father of the plaintiffs. As per the terms of the deed of mortgage, it appears