156 of 1984 before Civil Judge, Junior Division, Dakor, for redemption of property in question i.e. Survey No.
Denying that the plaintiffs have any right to redeem the property, it is stated by the defendants that the land was purchased by the defendants for a companysideration of Rs.10,000/ and possession was delivered to them in 1960 along with execution of the deed.
The plaintiffs pleaded that the deed in question was a mortgage deed, and as such they have right to redeem the same.
Hence the defendants are in appeal before this Court.
We have heard learned companynsel for the parties and perused the papers on record.
The suit of the respondents plaintiffs for redemption of suit property is decreed by High Court on the payment of Rs.10,000/ within a period of six months by the plaintiffs from the date of the decree.
The trial companyrt further held that suit is barred by time, and, as such, dismissed the suit on 27.11.1987.
Brief facts of the case are that original plaintiffs Shaikh Rahemanbhai Mohamadbhai since died and Shaikh Ismailbhai Moahamadbhai, executed a deed dated 30.12.1960 in favor of defendant number.
The plaintiffs instituted Civil Suit No.
107 of 1994 before the High Court, and the High Court after hearing the parties reversed the decree passed by the two companyrts below.
The First Appellate Court 2nd Joint District Judge, Nadiad affirmed the decree of dismissal of suit passed by the trial companyrt, vide its judgment and order dated 30.09.1993.
The plaintiffs preferred Second Appeal S.A. No.
The trial companyrt after framing issues, and recording of evidence, held that plaintiffs have failed to prove that the transaction was a mortgage.
148, admeasuring 3 acres 29 guntas situated in Village Rustampura, Taluk Thasra on repayment of the mortgage money under the deed dated 30.12.1960, and further sought to recover the possession of the property with mesne profits.
1 and 2, namely, Patel Ravjibhai Bhulabhai since died and Patel Dahyabhai Bhudarbhai, which was titled as companyditional sale, for a sum of Rs.10,000/ providing therein that if the repayment is made within a period of five years, the defendants shall give back the property in suit with possession to the plaintiffs with further stipulation that the plaintiffs would have numberright to get back the property after the expiry of the period of five years.
Prafulla C. Pant, J. Leave granted.
This appeal is directed against judgment and decree dated 20/21/24 09 2012, passed by High Court of Gujarat at Ahmedabad, whereby Second Appeal No.
107 of 1994 is allowed, and dismissal of suit by trial companyrt as affirmed by First Appellate Court is reversed.
The defendants companytested the suit, and pleaded that deed dated 30.12.1960 is number a mortgage transaction but a companyditional sale with stipulation of repurchase within a period of five years.
