M.N.VENKATACHALIAH, R.M.SAHAI
Parmar Kanaksinh Bhagwansinh – Appellant
Versus
Makwana Shanabhai Bhikhabhai And Makwana Prabatbhai Bhikhabhai – Respondent
Judgment
VENKATACHALA, J
( 1 ) THIS Civil by special leave is directed against the judgment and decree dated 29/11/1977 rendered by a Single Judge of the Gujarat High court in Second Appeal No. 348 of 1973, which arose out of Regular Civil Suit No. 921 of 1966 filed in the court of Joint Civil Judge, Baroda (Civil court) by the appellant herein as plaintiff against Respondents 1 and 2 herein - Defendants 1 and 2 for redemption of suit properties which were mortgaged as security for certain monies borrowed by the plaintiff from Defendant 1 under two deeds of mortgage executed in the year 1961.
( 2 ). Plaintiff filed the suit for redemption of the said mortgages in the year a 1966. Defendant 2, brother of Defendant 1 had been joined in that suit on the allegation that the latter was put in possession of mortgage properties by the former subsequent to the corning into existence of the mortgages. That suit was resisted by the defendants, each of them having filed separate written statements which in substance did not differ from each other. The defence in those written statements was that Defendant 1 and his family members had become tenants of the suit properties in the year 1959-1960 a
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