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1980 Supreme(Bom) 218

SUJATA V.MANOHAR
Abdur Rahim Jiwani – Appellant
Versus
Vithaldas Ramdas – Respondent


Advocates:
D.B. Zaiwalla with D.H. Mehta, for Plaintiff; S.A. Gandhi with A.T. Kadiani (for Nos. 1, 2, 6, 12) and G.R. Panthaky (for Nos. 1 to 11), for Defendants.

ORDER :- This is a suit filed by the plaintiff for redemption of two properties, one at Chira Bazar and the other at Sleater Road, which are more particularly described in Exts.A and B to the plaint. The property at Chira Bazar consists of ground and two floors, and it is fully tenanted. There are four residential premises and six shops in this property. The property at Sleater Road consists of ground and four floors. There are six residential premises in this property.

2. On or about 17th Nov. 1954, the plaintiff executed a mortgage in respect of his property at Chira Bazar in favour of Fatmabai Hasanbhai for a sum of Rupees 25,000/- repayable with interest. On the same date, he created a mortgage of his property at Sleater Road in favour of Pratapchand Kasturchand and others for a sum of Rupees 22,000/- repayable with interest. In or about 1956, Pratapchand Kasturchand and others filed a suit for the sale of the mortgaged property. In order to prevent such a sale, it seems that the plaintiff tried to get the mortgages transferred. The plaintiff approached a broker Khemchand for this purpose. Thereafter, by an indenture of transfer of mortgage dated 14th Dec. 1956, defendants Nos.











































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