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2018 Supreme(Bom) 1723

A.M.DHAVALE
Gulabchand s/o Fakirchand Gandhi – Appellant
Versus
Indubai Pundalik Jape – Respondent


Advocates Appeared:
For the Appellants :Mr. U.S. Malte, Advocate
For the Respondent:Ms. Smeeta S. Kulkarni, Advocate holding for Mrs. Kiran Nagarkar, Advocate

JUDGMENT :

1. This is an Appeal by the original defendants.

2. Indubai and her two sons Haribhau and Chandrakant had filed Regular Civil Suit No. 678 of 2004 against legal heirs of Gulabchand Gandhi the appellants herein. As per plaint, the suit property was land of 2 acres and 12 gunthas bearing block No. 195, situated at Mouje Savalvihir, Tq. Rahata, Dist. Ahmednagar. According to the plaintiffs, the suit land was their ancestral property. In 1964, their ancestor Pundalik was in financial difficulty. The defendant Gulabchand was running a grocery shop. Pundalik mortgaged the suit land with him on 27.04.1964 by registered mortgage deed for Rs.3,000/-. It was agreed that the amount was to be returned within 10 years and the defendant was to execute reconveyance. It was further recorded that in case the amount would not be returned within 10 years, the document would become a permanent sale deed. The common ancestor of the plaintiffs, Pundalik died and the plaintiffs from time to time approached the defendants with the mortgage amount and requested for reconveyance, but the defend











































































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