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1996 Supreme(SC) 2131

K.RAMASWAMY, G.T.NANAVATI
Patel Bhudarbhai Maganbhai – Appellant
Versus
Patel Khemabhai Ambaram – Respondent


( 1 ). This appeal by special leave arises from the judgment of the learned Single Judge of the Gujarat High court, made on 24/2/1986 in Second Appeal No. 294 of 1978. The first appellant is the son of Maganbhai. Bai Jivi, widow of Gala mortgaged the property in 1911 to Kana for 31 years. Bai Jivi died in the year 1955. The property was succeeded by Hati, daughter of the respondent predecessor-in-title in 1965. The respondents filed the suit for redemption of the mortgage. The trial court dismissed the suit but on appeal, the Additional District Judge, Mehsana decreed the suit holding thus: "on the plaintiff depositing Rs. 112. 50 p on or before 31/7/1978 in the trial court. Defendant 2 shall bring into court, all documents in possession or power relating to mortgaged property and all such documents shall be delivered over to the plaintiff and Defendant 2 shall if so required recover or retransfer the said mortgaged property free from the said mortgage and clear of and free from all encumbrances created by Defendant 2 or by any person claiming under him or any person through whom he claims and also free from all liability whatsoever arising from the mortgage, and, shall, if so requ





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