The trial Court dismissed the suit but on appeal, the Additional District Judge, Mehsana decreed the suit holding thus On the plaintiff depositing Rs.112.50 p. on or before 31st July, 1978 in the Trial Court, all documents in possession or power relating to mortgaged property and all such documents shall be delivered over to the plaintiff and defendant No.2 shall if so required recovery or retransfer the said mortgaged property free from the said mortgage and clear of and free from all encumbrances crated by defendant No.2 or by any person claiming under him or any person through whom he claims and also free from all liability whatsoever arising from the mortgage, and, shall, if so required, deliver up to the plaintiff quiet and peaceful possession of the said property.
Bai Jivi, widow of Gala mortgaged the property in 1911 to Kana for 31 years.
Thus, this appeal by special leave.
Bai Jivi died in the year 1955.
The property was succeeded by Hati, daughter of the respondent predecessor in title in 1965.
This appeal by special leave arises from the judgment of the learned single Judge of the Gujarat High Court, made on 24.2.1986 in Second Appeal No.294/78.
The respondents filed the suit for redemption of the mortgage.
The first appellant is the son of Maganbhai.
