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1956 Supreme(Raj) 284

BAPNA
KISHAN LAL – Appellant
Versus
SHEESH DAN – Respondent


Advocates Appeared:
S.N.Saksena, S.R.PAREKH

Judgment


BAPNA, J.

( 1 ) THESE two appeals arise out of a single suit for recovery of money.

( 2 ) KISHAN Lal instituted the present suit on 15-5-1948, on the allegations that he had dealings with Pabu Dan and Kami Dan, defendants Nos. 1 and 2, and on 5-111938, the previous account was taken. Some more advance was made, and the two defendants executed a khata of Rs. 1701 and for repayment of the amount, they hypothecated their one-fourth share in the income of Dakaniyawas, and their half share in Kothi Phalsawali, situated in the same village, for 17 years from sarnwat 1995 to Sam-wat 2012, by way of Baraskatti, and it was stipulated that if the debtors did not permit the recovery of the income of this land in any year, they would pay Rs. 200 for that particular year. It was alleged that Chandi Dan and Ram Karan Dan stood as sureties for the carrying out of the aforesaid agreement. It was then alleged that the plaintiff recovered the income of the hypothecated land till Samwat 2001, but thereafter the debtors did not permit the recovery of the income from the hypothecated, land. The plaintiff claimed Rs. 600 for three years, Samwat 2002, Samwat 2003 and Samwat 2004, according to t











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