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1969 Supreme(SC) 497

C.A.VAIDIALINGAM, J.M.SHELAT
Gulam Abbas – Appellant
Versus
Mulla Abdul Kadar – Respondent


J.M. SHELAT, J.

(1) THIS appeal, founded on a certificate granted by the High court of Madhya Pradesh) involves a question of limitation in regard to a suit for redemption filed by the respondents. The relevant facts from which the said suit arose are as follows :

(2) BY a deed of mortgage, dated December 29, 1899 one Yusufali and his two brothers mortgaged in favour of one Yarmohammad Khan their two shops at Jaora. The mortgage beingusufructuary, the mortgagee was delivered possession of the two shops. The said Yarmohammad died in 1909, whereupon his rights in the mortgaged properties devolved upon his daughter. The daughter also died in 1918 and her interest devolved upon her husband, one Nawab Iftikharali. He was in possession of the shops till 1945 when he purported to sell them to the appellants. On 21/09/1947 the respondents, claiming to be the successors-in-title of the mortgagors, filed the suit from which this appeal arises, against the said Nawab and the appellants, who claimed to be the purchasers of the said two shops from him.

(3) THE Trial court decreed the suit and an appeal against that decree by the appellants was dismissed. The appellants ther











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