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1952 Supreme(Pat) 58

SARJOO PRASAD, S.K.DAS, REUBEN
Mahendra Raut – Appellant
Versus
Darsan Raut – Respondent


Judgment

Das, J.

1. This second appeal has had a chequered career. It arises out of a suit for redemption of two mortgage bonds dated the 29th of September, 1920, executed by one Rikhai Raut in favour of the defendants first party. On the 25th of February, 1924, Rikhai Raut, it is alleged, sold to one Ganesh Raut an area of 14 bighas and odd kathas which included an area of seven bighas and odd kathas, being the property under mortgage. The consideration for the sale-deed was stated to be Rs. 1,500.00 out of which a sum of Rs. 1,175/- was kept in deposit with Ganesh Raut for redeeming the two mortgages, and the balance of Rs. 325/- was stated to have been set off towards previous dues. Ganesh Raut was the father of two of the plaintiffs, and grandfather of the other plaintiffs. Rikhai Raut, it was stated, died in 1933 in a state of separation from his agnates, leaving behind four daughters, who were defendants third party. In Baisakh 1351 Fasli, the plaintiffs tendered the amount of the two mortgage bonds to the defendants first party who refused to accept the amount on the ground that they had transferred their rights to the defendants second party. The plaintiffs thereupon tendere
















































































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