J.S.RANAWAT, D.M.BHANDARI
SALEH RAJ – Appellant
Versus
CHANDAN MAL – Respondent
RANAWAT, J.
( 1 ) THIS is an appeal from an order of a Single Judge of this Court dated 15-101957, remanding the suit to the first Court for trying other issues and then passing a decree for redemption of the mortgaged property.
( 2 ) CHANDAN Mal and Pukhraj filed a suit against Saleh Raj and three others in the Court of the Munsiff Jalore, on 18-12-1951, for redemption of the property described in para, 2 (e) of the plaint on payment of an amount of Rs. 269-8-0 in Indian coin. It was alleged by the plaintiffs that their ancestors mortgaged the said property with the aricestors of the defendants in Sambat year 1936 Kartik Badi 3, for an amount of Rs. 430-5-0 Akheshahi equivalent to Rs. 269-80 in Indian coin, by way of possessory mortgage with the stipulation that the mortgage money shall carry no interest and the property shall bear no rent. The plaintiffs prayed that a decree for redemption be passed against the defendants on payment of the mortgage-money. The defendants contested the suit and pleaded that the term of the mortgage being of 99 years and the suit having been filed before the expiry of the said term was premature. They also claimed cost of improvements to t
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