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1994 Supreme(Raj) 236

MILAP CHANDRA JAIN
Askaran – Appellant
Versus
Madan Lal – Respondent


Advocates Appeared:
K.C. Samdariya, for the Appellant
R.R. Chacha, for the Respondents

Judgment

Milap Chandra Jain, J.-This appeal has been filed against the order of the learned District Judge, Bikaner dated March 25, 1992 by which he has dismissed the plaintiff-appellant’s application moved under Order 39, Rules 1 and 2 and Section 151, c.r.c. for ad interim injunction, seeking stay of the execution of the decree passed in suit No. 95/87 against him on 10-9-87.

2. On May 18, 1991, the plaintiff-appellant has filed a suit for declaration and redemption against the defendant-respondent in the Court of the District Judge, Bikaner with the averments in short, as follows: He was in need of some money. He approached the defendant to lend it. He told him (plaintiff) that he had to mortgage his house but a sale-deed and a rent-note have to be executed for it in his favour instead of a mortgage-deed. Accordingly, he executed a sale-deed showing sale consideration of Rs. 10,000/-and rent-note showing monthly rent Rs. 150/-. The defendant also executed a document agreeing to resell the house within a year. Out of the sale consideration of Rs. 10,000/-, Rupees 5,000/-only were paid in cash and remaining amount was adjusted towards old debts outstanding against him. All the exp

























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