JUDGMENT - Chagla, C.J.

1. This is a second appeal referred to this Full Bench. The facts briefly are that land in question belonged to

one Venidas and in 1880 he mortgaged this land for a sum of Rs. 400 to one Kishor-das Jethabhai. Kishordas Jethabhai sub-mortgaged the land to one Shah Chhagan-lal Mulji for Rs. 261, and there was a further sub mortgage on 13-5-188G, for a sum of Rs. 560. The plaintiff in the suit from which this appeal a vises acquired the right of Venidas in this property by a registered document on 8-2-19-15, and he filed the suit for re-demption under the Dakkhan Agriculturists Relief Act. Defendants 1 to 6 are the representatives of the sub-mortgagee and defendants 7 and 8 are the representatives of Venidas. Both the trial Court and the lower appellate Court concurred in dismissing the suit.

2. Now, in the written statement the contesting defendants alleged that there was a sale-deed executed by defendants 7 and 8 in respect of the equity of redemption of this property and this sale-deed was executed on 2-1-1908. They further contended that the sale-deed was lost. There was no allegation in the written statement that delivery was given of the property and theref

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