AMINABIBI Vs. SUSHILABEN

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiffs against the judgment and decree dated 30.9.1993 passed by learned Second Joint District Judge, Nadiad in Civil Regular Appeal No.9 of 1988, whereby the learned Appellate Judge dismissed the appeal and confirmed the judgment and decree passed by the learned Trial Judge dated 27.11.1987 whereunder the learned Trial Judge dismissed the suit of the appellants for redemption of mortgage of the suit property bearing Survey No.148, admeasuring 3 acre 29 gunthas situated in revenue limits of Rustampura, Taluka Thasra, District Kheda.

(2.) As could be found from the record of the case, appellants deceased Shaikh Rahemanbhai Mohamadbhai and Shaikh Ismailbhai Mohamadbhai original plaintiffs had executed a document dated 30.12.1960 in favour of respondent No.1 and 2 titling the same as conditional sale for Rs.10,000/- providing therein that if the said amount was repaid within five years, they shall give back the suit property with possession to appellants, however, the appellants shall have no right to get back the suit property after expiry of the above said period.

(3.) It was the case of the appellants in their suit that since it was mortgage by conditional sale, the suit property remained with respondent No.1 and 2 as mortgaged property and they had right to redeem mortgage from respondent No.1 and 2 on payment of amount to them.