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1967 Supreme(Del) 148

I.D.DUA, T.V.R.TATACHARI
KAMPA WATI DEVI – Appellant
Versus
BASANT RAI – Respondent


Advocates Appeared:
ARUN SHARMA, H.D.TRIYOGI, O.P.MALHOTRA

I. D. Dua, C. J. , T. V. R. Tatachaii J.

( 1 ) THESE two appeals (Regular First Appeals Nos 112-D and 121 Dot 1960) on behalf of the defendant are directed against the preliminary and final decrees made in the suit brought by the plaintiff mortgages for the relisation of the mortgage debt and sale of the mortgaged property.

( 2 ) THE mortgage of the property in question consisting of single storeyed five shops and rooms together with some building under construction was effected by means of a registered document (Exhibit P. 1) dated 5th February, 1951 executed by Smt. Kampla Vati Devi, defendant-appellant in favour of Lala Basant Rai son of Shri Sardari Lal and Shri Padam Chand son of L. Kidar Nath, the document having been registered on the same day. This deed was witnessed by L. Jogi Dass husband of Smt. Kampla Vati Devi and also by L. Suraj Bhan, lather of the mortgagor. At the time of registration of the mortgage deed also, L. Jogi Dass and L. Suraj Bhan were present, and indated they identified her before the Sub-Registrar, Shri S. N. Pandit. These two gentlemen were identified by one Hari Singh, son of Sbri Sardara Singh, who was personally known to the Sub Registrar. Accordi













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