NAMDEV SHRIPATI NALE vs BAPU GANAPATI JAGTAP & ANR.

The Supreme Court held that the possessory mortgage executed under Exhibit 35A was valid and not a sale, emphasizing that the appellant retained the right to redeem the mortgage despite the first respondent's claims. The Court found that the first respondent's failure to remit the occupancy price under the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950, did not extinguish the appellant's right to redeem. The Court reversed the High Court's decision, thereby allowing the appellant's claim for redemption under Section 90 of the Indian Trust Act, 1882.