1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Second Appeal No.502/2010 Maroti Madhorao Satpute Vs. Vinayak Laxmanrao Mhaske (dead) through Kamlabai wd/o Vinayakrao Mhaske and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. D. V. Dhondarkar, Advocate for the appellant. CORAM : R.M. SAVANT, J. DATED :4/2/2011 This Second Appeal takes exception to the judgment and decree dated 12.7.2010 passed in Regular Civil Appeal No. 21/2006 by which the decree passed by the Trial Court in Regular Civil Suit No. 349/1995 came to be confirmed. The appellant herein is the original defendant. In the suit filed by the respondents herein for redemption of mortgage both the Courts below have construed the document in question as mortgage by conditional sale. Both the Courts below have recorded a finding of fact that the amount of Rs. 4000/- which was the redemption amount was offered by Laxmanrao but was not accepted by the defendant. Both the Courts below have 2 concurrently held that since execution of document was accepted, there was no question of proving the document. Both the Courts below have held that the land in question being a tenanted land the plaintiff could not have transferred the said land without the permission of the Collector. The reliance placed by the learned counsel for the appellant on the judgment of the Apex Court reported in AIR 1992 SC 1236 (Tamboli Ramanlal Motilal (dead) by L.Rs. v. Ghanchi Chimanlal Keshavlal (dead) by L. Rs. and another) is misplaced in the teeth of the fact that a concurrent finding is recorded in respect of the offer of repayment by the plaintiff and the same being not accepted by the defendant. In the light of the concurrent finding of fact recorded by both the Courts below, the above Second Appeal does not involve any substantial question of law, which is accordingly dismissed. JUDGE Ambulkar