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1958 Supreme(Ker) 73

RAMAN NAYAR, SANKARAN
Venkappa Bhatta – Appellant
Versus
Gangadhara Bhatta – Respondent


Judgment :-

1. By Ext. B-39 dated 8-1-1935, the two plaintiffs, their since deceased father Subraya Bhatta,Subraya Bhatta's brother ShankernarayanaBhatta, and Shankernarayana Bhatta's sons and grandson, members of a then undivided Hindu joint family, usufructuarily mortgaged the properties described in schedule Al and A2 to the plaint to the 1st defendant as the manager of his joint family for a sum of Rs. 11,000. Under the terms of the document, the mortgage was redeemable in the Vishu Sankramana of the year 1965 on payment of the sum of Rs. 11,000 and the value of improvements effected by the mortgagee. Three years later, under Ext. B-1 dated 9-3-1938, one branch of the mortgagor's family, namely, Shankernarayana Bhatta's Branch sold its half share in the equity of redemption to the 1st defendant, and "out of the consideration of Rs., 6,700 a sum of Rs. 5,500 went in discharge of half the mortgage money due under Ext. B-39. By the partition deed, Ext. A-5 dated 25-2-1947 in the 1st defendant's family, the entire rights of the family in the properties comprised in Ext. B-39 were allotted to the 1st defendant and his three sons, defendants 2 to 4, so that they became the full owner



























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