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1963 Supreme(Pat) 89

R.K.CHOUDHARY, A.B.N.SINHA
Barmeshwar Nath Prasad Singh – Appellant
Versus
Babu Kuer Rai – Respondent


Judgment

R.K.Choudhary, J.

1. The suit, out of which the present appeal arises, was instituted by the plaintiffs on the 12th of September, 1955. to enforce two mortgage bonds, one dated the 18th of March, 1952, executed by defendant No. 1 Bhrigunath Sahay in favour of plaintiffs 1 and 3 for a sum of Rs. 8,000.00, and the other dated the 25th of November, 1952, executed by the same Blirigunath Sahay fur a sum of Rs. 8,000.00 in favour of plaintiffs 2 and 5. Defendants 2 and 3 arc the minor sons of Bhrigunath Sahay (defendant No. 1). Original defendant No. 4 in the suit was Shrimati Ramdulari Kuer, wife of Kamla Prasad Singh, alleged to be a purchaser and subsequent mortgagee of a portion of the mortgaged properties. Defendant No. 5 Bhagwat Prasad alias Laloo Babu is a subsequent mortgagee in respect of some of the mortgaged properties. Defendants 1 to 3 appeared and fded a written statement admitting the claim of the plaintiffs. Defendant No. 5 also filed a written statement contending, inter alia, that the mortgage bond dated the 18th March, 1952, in favour of the plaintiffs, was not genuine and for consideration and that he himself was a mortgagee in respect of a portion of the mor




















































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