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1978 Supreme(Guj) 129

M.K.SHAH
Khatubai Nathu Sumra – Appellant
Versus
Rajgo Mulji Nanji – Respondent


Advocates:
R.A. Mehta, for Appellant; A.K. Mankad, for Respondents Nos. 1 to 6.

JUDGEMENT :-

The appellant is the original plaintiff who filed a suit against the original defendant for redemption of mortgage of a property mortgaged by one Aishabai, grandmother of the plaintiff to the father of original defendant No. 1 Jusab Sidik Gulmohmed who, it appears, was the son-in-law of the said Aishabai. Original defendant No. 2 having died, his heirs are brought on record as respondents Nos. 1 to 10, the said defendant was impleaded as he was the assignee of the rights obtained by the said Jusab Sidik, original defendant No. 1's father from Aishabai. It may be noted at this stage that the suit was withdrawn against defendant No. 1 and it then proceeded against defendant No. 1 only.

2. The plaintiff's case was that the property consisting of a room, with Osri and Angna, that is, chowk or verandah and open space, which property was self contained, the same being Deli Bandh, was mortgaged for a consideration of Rs. 2,000 Koris on Aso Vad 3 of S.Y. 1998 equivalent to 1942 A.D. The property was formerly mortgaged to Khatri Jamat and the possession was obtained by redeeming the same from it through court. By the suit deed of mortgage Ex. 45, it was provided that the propert














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