JUDGEMENT
-
(1.)THIS regular second appeal is directed against the judgments and decree dated 20. 02. 2004 and 22. 03. 2006 passed by the learned Courts below vide which the suit filed by the plaintiff-respondents for possession by way of redemption stands decreed.
(2.)THE plaintiffs brought a suit for redemption claiming that they are owners of two shops. It was pleaded that the property stood mortgaged with the defendant-appellants. The mortgage could be redeemed on payment of Rs. 8,000/ -. No time limit was provided for redemption in the mortgage deed. It was also pleaded that the plaintiff-respondent requested the defendant-appellants to let the two shops to be redeemed on the payment of Rs. 8,000/- as per terms of the mortgage deed, but they refused to allow the property to be redeemed a week back and, therefore, the suit was filed.
(3.)THE defendant-appellants took a plea that the mortgage was a sham transaction, rather they were tenants in the disputed shops. In support of the plea, they produced on file the record of the Municipal Committee to show that they were tenants over the property in dispute and not mortgagees.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.