LexJAYASINGH DNYANU MHOPREKAR & ANR. versus KRISHNA BABAJI PATIL & ANR.
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308
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JAYASINGH DNYANU MllOPREKAll & ANR.
v.
KRISHNA llAllAJI PATIL & ANR.
JULY 17, 1985"
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[E.S.VENKATAIW!IAH AND R.B.MISRA, JJ.]
Mortgage - Redemption of mortgage - Right to redeem the
mortgage, extinguishment of - Whether by virtue of the granf of
mortgage lands by the Prant Officer to the mortgagees in physical
possession under section 8 of the Bombay Paragana and Kulkarni
Watans (Abolition) Act, 1950, the right of mortgagees and/or
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their legal representatives to redeem the mortgage had become·
extinguished - Bombay Paragana and Kulkarni (Abolition) Act, 1950
sections 3 (4),4-A and 8 read with section 90 of the Indian
Trust Act, 1882, scope of.
Krishna Bsbaji Patil, respondent No.l herein and his
brother Bendu Bsbaji Patil were holding a half-share in the lands
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bearing survey numbers 221/1,222/2,226/8 and 226/12 in all
measuring 22 Acres and 13 Gunthas situated at Monja Shirai, Peta
Shirola, District Sangli in !Wlarashtra, as permanent Mirasi
tenants and were in actual possession of their share in the said
lands. The lands in question were Paragana Watan lnam lands and
the Watandars belonged to the family of Kokrudkar Deshmukhs • On
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May 20, 1947 they executed a mortgage deed in favour of two
persons by name Dnyanu Krishna Mhoprekar and Ananda Santu
Mhoprekar mortgaging their share in the above lands
with
possession by way of security for a loan of Rs.1,000 which they
borrowed under the mortgage deed. The mortgage deed was for five
years. The mortgagees were entitled to appropriate the income
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f.rom the 1110rtgaged property towards interest.
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During the subsistence of the mortgage, the Bombay Para-
gana and Kulkarni Watans {Abolition) Act, 1950 Bombay Act No. 50
was passed under which all the Paragana and Kulkarni Watans were
abolished and the State Government resumed the watan lands.
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Dnyanu Krishna Mhoprekar, one of the mortgagees died in or abou:
the year 1955 leaving behind him Jayasingh Dnyanu Mhoprekar, the
appellant 1 herein as his heir and the Karta of his joint family.
Bandu Babaji Patil, one of the mortgagors· also died iI) the year
1955 leaving behind him three sons, plaintfff No. 1 being the
Karta of the family.
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J.D.MHOPREKAR v. K.B.PATIL
309
After the coming into force of the Watans Abolition Act,
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the holders of the Watan i.e. the members of the Deshmukh family
did not pay the occupancy price as provided in section 4(1) of
the Act within the prescribed time and apply for the occupancy
right of such lands. Thereupon in the proceedings initiated to
grant the lands in favour of the penaanent Mirasi tenants. who
were in actual possession thereof, the respondents, who were
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permanent Mirasi tenants of the half-share in the lands covered
by the survey numbers in question deposited in the Government
Treasury on July 29, 1963 a sum of Rs.182.41 being the requisite
occupancy price equivalent to 24 times· the assessment requesting
that the grant should be made in their favour. The appellants
mortgagees and their heirs in possession of the half-share and
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another Pandu Krishna who by virtue of the sale deed, by the
other branch ·of the respondent 's family in his favour is in,
possession of the other half share in the lands also deposited
the occupancy price claiming the whole land.
The Prant Officer, by his order dated February 5,1964,
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instead of granting occupancy right ·in respect of the one-half
9li:are of the land which belonged to the respondents in their
favour ordered that l:he entire extent of land measuring 22 Acres
and 13 Gunthas should be granted in favour of the appellants and
one Pandu Krishna as they were in physical possession. The res-
pondents questioned the said proceedings before higher autho-
rities and pending a decision thereat, made an abortive attempt
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to redeem the mortgage in a proceeding under section 83 of the
Transfer of Property Act, 1882 in. Miscellaneous Application No.41:
of 1963. Thereafter, the respondent instituted a suit for redemp-
tion in Regular Civil Suit No.67 of 1965 on the file of the Civil·
Judge, Junior Divison, Islampur. In the written statement, it was
pleaded inter alia that since after the abolition of the watans,
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the mortgaged -i:aiids had been given to the appellants by the
Government after . receiving the occupancy price amount! ng to
Rs.364.81 on February 5, 1964 the right of the mortgagors and/or
their legal representatives to redeem the mortgage haExcerpt shown. Read the full judgment & AI analysis in Lexace.