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PREM NARAYAN SINGH
Gopal Krishan – Appellant
Versus
Anandpal Singh (D. ) through LRs Deepak Singh – Respondent
JUDGMENT
1. The appellant has preferred the present appeal under section 100 of the Code of Civil Procedure, 1908 (for short "CPC") challenging the judgment dated 22.12.2009 passed by the learned Additional District Judge, Sendhwa, District Barwani in Civil Regular Appeal No.19-A/2008 whereby the learned first Appellate Court has dismissed the appeal and affirmed the judgment and decree dated 26.9.2008 passed in Civil Suit No.5-A/2002 by the learned Civil Judge, Class-II, Khetiya, District Barwani wherein the learned Civil Judge has dismissed the suit filed by the appellant for redemption of Mortgage (girvi mukti) and for possession of the land in question.
2. Succinctly, the facts of the case are that the appellant filed a suit for redemption of mortgage and for possession of the land bearing Survey No.37/1 ad-measuring 1.60 acres, situated at village Pansemal, District-Khargone. As per pleadings, the aforesaid land in question was mortgaged by late one Shivnarayan, the father of the appellant on 17.3.1969 vide a deed named as "Shartiya Frokhtnama" with consideration of Rs.11000/- in favour of one Janki Devi, the mother of the respondents for a period of five years i.e. up to 17.3.1
The court reaffirmed that redemption rights hinge on compliance with mortgage conditions; failure to meet obligations nullifies claims to recover property.
Mortgage rights cannot be extinguished by an unregistered document; valid legal processes are required to affect mortgage rights.
Redemption of mortgage – Mortgagor has right to redeem at any time provided his right is so extinguished by act of parties.
Redemption of mortgage – Unregistered mortgage deed – Undertaking to create a charge, in absence of a registered mortgage deed does not vest any legal interest in immovable properties.
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....
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 main legal point established in the judgment is the importance of interpreting the terms of a document and considering the surrounding circumstances to determine the real intention of the parties....
The main legal point established in the judgment is the interpretation of the nature of the transaction under the Transfer of Property Act, 1882, and the application of legal principles to determine ....
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