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1968 Supreme(SC) 323

J.M.SHELAT, V.BHARGAVA
K. Manick Chand – Appellant
Versus
Elias Saleh Mohamed Sait – Respondent


Judgment

BHARGAVA, J.:- One Khanmull, whose legal representatives are the appellants in the present appeal, instituted Original Suit No. 59 of 1949-50 on 10th January, 1950 for recovery of amounts due to him on the basis of two simple mortgages dated 12th January, 1937 and 14th June, 1937 in the Court of the District Judge, Civil Station, Bangalore. Both these mortgages were executed by three brothers, Ahmed Saleh Mohamed Sait (since deceased), Elias Saleh Mohamed Sait (respondent No. 1), and Mohamed Saleh Mohamed Sait (respondent No. 2), while their mother Rahmatbai alias Bhayabai joined them in the execution of the mortgage deed of 14th June, 1937. In the suit in addition to respondents 1 and 2, Hajirabai widow of the deceased brother Ahmed Saleh Momamed Sait, and their sisters, Ameenabai and Haneefabai, were also impleaded as defendants 3, 4 and 5. Further, Khan Saheb Abdul Gani Saheb, and Khan Saheb Abdul Shakoor Saheb were impleaded as defendants 6 and 7 in their capacity of purchasers of the equity of redemption from the mortgagors. On the foot of the first mortgage, the amount claimed was Rs. 51,200/- as principal and interest, while on the foot of the second mortgage, the am








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