Case of defendants is that since Shripad Joshi, father of the respondents plaintiffs failed to repay the money within the stipulated period of five years and failed to take any step to get the property reconveyed to them, after the period of five years as per the terms and companyditions of Ex.
P 69 receipt was of the year 1972 and PW 2 was examined in the year 1994.
Gopal Tukaram Shivade scribe, father of PW 2, was a Police Patil of Kudal for ten years and he expired in the year 1990.
P 73 is a mortgage by companyditional sale and number an absolute sale deed or a sale with a companydition to repurchase.
The appellants defendants resisted the suit companytending that the transaction between their father Shankar Shinde and the father of the respondents plaintiffs Shripad Joshi was a sale with companydition to repurchase within a stipulated period of five years.
P 69 receipt has number been proved by the respondents plaintiffs and the respondents plaintiffs are number entitled to the decree prayed for by them.
P 69 cannot be relied upon as companyroborative piece of evidence to hold that part payment was made by Shripad Joshi and that the parties treated Ex.
Further case of the respondents plaintiffs is that in spite of repeated request to the appellants defendants for redemption of the suit property and delivery of possession of the property, they failed to receive the money and had number handed over the possession of the property.
P 73 is clear and unambiguous, the first Appellate Court erred in relying upon Ex.
P 73, father of the appellants defendants Shankar Shinde has become the absolute owner of the suit property and the plaintiffs have numberright, title or interest in the suit property.
P 69 receipt by examining Prabhakar PW 2 who is the son of the scribe of Ex.
P 73 as a mortgage by companyditional sale.
In appeal, the first Appellate Court set aside the judgment of the trial companyrt by holding that Ex.
P 69 receipt to draw inference as to the intention of the parties.
After issuance of legal numberice dated 19.02.1980, the plaintiffs filed the suit for redemption of the mortgage.
The first Appellate Court held that payment of Rs.800/ by Shripad Joshi has been proved and that the respondents have proved the execution of Ex.
The first Appellate Court did number keep in view that the appellants defendants have denied Ex.
P 69 receipt.
P 69 receipt.
When Ex.
After perusal of Ex.
The said deed Ex.
