D. C. SRIVASTAVA, J.

( 1 ) THIS is plaintiffs Second Appeal.

( 2 ) ). Essential facts for disposal of this Appeal are as under : one Dosaji Ismail owned and possessed pertain immovable properties in Jamnagar. He died leaving behind four sons, viz. , Ibrahim, Adbul, Ahmad and Ajgar and widow amtulla and the daughter Husena as the heirs and legal representative. After death of dosaji Ismail, Ibrahim, his eldest son executed mortgage deed on 8. 3. 1947 in favour of one Kadarbhai for Rs. 2000/- and delivered possession of the mortgage property to the mortgagee. On the same day the second son Abdul had also executed mortgage in favour of Kadarbhai, aforesaid, for Rs. 2000/- and delivered possession of the property mortgaged. Ibrahim as well as Abdul failed to pay the mortgage debt and redeem the property. Hence, two separate suits No. 96/61 and 98/61 were filed against Ibrahim and abdul by the plaintiff. Preliminary Decree was passed, but thereafter no application for final decree was moved. Original mortgagee Kadarbhai also expired and his four sons, defendants Nos. 1 to 4 had sold the rights of mortgagee in view of the above Decree to a firm M/s. Vora Ibrahim Noorbhai and others, defe

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