1981 Supreme(Raj) 471
M.B.SHARMA
Khetsidas – Appellant
Versus
Mst. Kanchan Bai – Respondent
JUDGMENT
1. - This is a second appeal arising out of a redemption suit filed by the respondent No. 1 Shrimati Kanchan Bai against the appellants and others. The mortgage sought to be redeemed was executed on 24-3-1943 for sum of Rs. 2200/-by Dault Ram, father-in-law of the plaintiff Smt. Kanchan Bai, in favour of Balabux and Banshidharji of whom the appellants are the hairs. The mortgage property is whole of Talia No 143 and half of Taliano. 144 sjtuatvd in Bhopalganj, Bhilwara. Under the terms of the mortgage deed Ex. A 1, the morgagees were given a right to construct a house on the mortgagee land & the morgagor was only to redeem after payment of the mortgage amount along with cost of construction of the house as per entries in the account books of the mortgagees. On the same day i.e. March 24, 1943 an agreement Ex. A2 was executed by Daulat Ram, the mortgagor in favour of the morgagees on Annas 4 stamp, under which it was agreed that any amount may be spent over construction on the mortgaged property and any constructions may be raised, after the house is constructed thereafter a sale deed was to be executed in favour of mortgagees for Rs. 11/-only. Thereafter the mortgagees wer
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