- (1.) THIS is an appeal by the defendant against the decree of the Civil Judge, Senior Division, Poona, in a redemption suit.
(2.) THE facts are few and they are as follows: the appellant before us is the Bank of Poona, which is now merged into Sangli Bank Ltd. Defendants Nos. 9 and 10 owned S. Nos. 93, 102 and 107 in Poona, near Bhamburda. They effected a mortgage in respect of these Survey Numbers in favour of the Bank of Poona of February 16, 1949. The mortgage deed is at Ex. 85/9. Thereafter defendants Nos. 9 and 10 sold 4 acres and 34 gunthas to the plaintiffs Navrajasthan Co-operative Housing Society Ltd. for a sum of Rs. 67,000/ -. Out of this amount, the Society retained a sum of Rs. 16,500/- to be paid to the mortgagee, but which it did not pay. Thereafter in 1954, the bank instituted arbitration proceedings and ultimately the award was made a decree of the Court on August 17, 1954, in Suit No. 92 of 1954. In these proceedings the plaintiff-Society was not made a party. Only the mortgagors defendants Nos 9 and 10 were parties as defendants. Under this decree the Bank brought the property to sale and it purchased all the three survey numbers with the leave of the Court on October 16, 1969, for the amount then due. It appears that during the execution proceedings the Society appeared in Court and took time to make payment of the dues but did not make any payment. Eventually the sale came to be confirmed. Defendants 9 and 10 challenged the said order of confirmation in Appeal No. 48 of 1960, which was eventually dismissed on September 6, 1968. The Society then instituted the present suit for redemption.
(3.) IN the plaint, the plaintiff-Society alleged that it had purchased 4 acres and 3 gunthas of the land and that a redemption decree be made in its favour in respect of all the three numbers mentioned in the schedule. In this suit some of the members of the Society who had become owners of smaller plots made in these 4 acres and 34 gunthas were joined as party defendants, the main defendant being the Bank. The Bank contended that the Society was not entitled to redeem the whole of the mortgage property, but only the property that it had purchased on payment of proportionate amount of the mortgage dues. The learned trial Judge made a decree for redemption of the entire mortgage property. In the three survey numbers, by decree, dated September 26, 1962, By this appeal the Bank challenges the said decree.;