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1993 Supreme(SC) 1158

R.M.SAHAI, N.P.SINGH, S.P.BHARUCHA
SARASWATIS – Appellant
Versus
LACHANNA (DEAD) THROUGH LRS. – Respondent


Judgment

N.P. SINGH, J.- This appeal is on behalf of the defendants. The suit in question was filed for redemption of the suit property by the plaintiffs/respondents. It was alleged in the plaint that the property mentioned in the schedule of the plaint had been mortgaged through a registered deed, in favour of the father of the original defendant and possession had been also delivered to him. As the defendants refused to surrender possession of the lands in question, after accepting the amount due, necessitated, filing of the suit.

2. Apart from other defence, a plea was taken on behalf of the defendants that the civil court had no jurisdiction to try the suit in question. The trial court came to the finding that the plaintiffs had right to redeem the mortgage, and the civil court had jurisdiction to entertain the suit. On the aforesaid findings, the suit was decreed. On appeal being filed by the defendants, the learned District Judge, affirmed the aforesaid findings of the trial court, including in respect of the jurisdiction of the civil court to entertain the suit. It was held that the suit was not barred by Section 99 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultu













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