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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
S. G. CHAPALGAONKAR, J
KRISHNALAL SANTRAM MENDRU THRO. G.P.A. HOLDER- NARENDRA ASHOK MENDRU – Appellant
Versus
Sakharam Dagadu Zambre, Deceased Through L.R.s.- Gangadhar Sakharam Zambare – Respondent
JUDGMENT :
1. Appellant (Original Defendant) impugns judgment and decree dated 03.05.2017 passed by learned District Judge-7, Ahmednagar in Regular Civil Appeal No. 459 of 2014, thereby upholding judgment and decree dated 04.10.2014, passed by Civil Judge, Junior Division, Rahuri in Regular Civil Suit bearing No. 392 of 2006.
2. Respondent/Original Plaintiff instituted RCS No. 392 of 2006 seeking relief of redemption of mortgage in respect of land bearing Block No. 789, ad-measuring 1 H 21 R, situated at village Devlali Pravara, Tq. Rahuri, District Ahmednagar. Plaintiff contends that suit land is his ancestral property. He was in need of money for his domestic difficulties, therefore, he approached defendant to advance amount of Rs. 3,500/- and executed registered document dated 04.05.1970, in form of mortgage by conditional sale. Period of mortgage was 12 years against mortgaged amount of Rs. 3,500/-. Possession was handed over to defendant. Defendant had agreed that plaintiff can redeem mortgaged property by making re-payment of mortgage money of Rs. 3,500/- within 12 years. After expiry of 12 years, plaintiff offered amount of Rs. 3,500/- to defendant but he avoided to receive th
The intention of parties in a transaction determines its nature, and the title of the document is not solely decisive in classifying it as a mortgage by conditional sale or an absolute sale.
The document was determined to be a sale with a condition to repurchase rather than a mortgage, emphasizing the necessity of a debtor-creditor relationship for a true mortgage.
Redemption of mortgaged property – In absence of any positive evidence of any improvement and cost incurred, defendants are not entitled to recover anything more than mortgage amount.
Mortgage rights cannot be extinguished by an unregistered document; valid legal processes are required to affect mortgage rights.
The main legal point established is that the nature of a sale deed, the right to repurchase, and the applicable limitation for the suit are crucial factors in determining the outcome of property disp....
A transaction cannot be deemed a mortgage by conditional sale unless the condition for retransfer is embodied in the same document that effects the sale, as per Section 58(C) of the Transfer of Prope....
The court reaffirmed that redemption rights hinge on compliance with mortgage conditions; failure to meet obligations nullifies claims to recover property.
The mortgage deed constituted a valid mortgage by conditional sale, and the plaintiff's failure to repay within the stipulated period validated the defendant's ownership claim.
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