HEMANT GUPTA, J. - (1.) The plaintiff is in appeal aggrieved against the judgment of the High Court of Judicature at Bombay dated 21.1.2015 whereby the suit for redemption of mortgage land was dismissed, setting aside the judgment of the First Appellate Court and restoring that of the Trial Court.
(2.) Brief facts leading to the present appeal are that defendant Nos. 1 and 2 were owners of the land comprising in Survey Nos. 67/3 and 65/1 in Village Veni, Taluka Lonar. The said defendants mortgaged the land in favour of defendant No. 3 on 30.4.1954 (Ex.81) to secure a sum of Rs.700/-. Defendant Nos. 1 and 2 sold the mortgaged land comprising in Survey No. 67/3 admeasuring 1 acre 32 gunthas to the plaintiff vide registered sale deed for consideration of Rs.1000/-. Thus, the plaintiff stepped in the shoes of the mortgagor on account of the sale transaction.
(3.) The original mortgagee (defendant No. 3) filed a Regular Civil Suit No. 237 of 1965 for recovery of mortgage amount of Rs.700/- along with the interest accrued against the original mortgagors (defendant Nos. 1 and 2). The plaintiff was not impleaded as a party in the said suit, though the sale in his favour was before the filing of the suit. A preliminary decree was drawn based on a compromise whereby the defendant Nos. 1 and 2 agreed to pay the mortgage amount on or before 27.3.1967. Since defendant Nos. 1 and 2 failed to pay the said amount, the preliminary decree was converted into a final decree on 4.6.1969 which led to foreclosing the rights of the mortgagor to redeem the property. In execution of such decree, the mortgagee had taken possession from the plaintiff, the present appellant on 5.12.1980. It is thereafter the plaintiff filed Regular Civil Suit No. 7 of 1984 against the original mortgagors and the mortgagee seeking redemption of the mortgaged property.;