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1949 Supreme(Raj) 61

SHARMA, AMAR SINGH
Kanhaiyalal – Appellant
Versus
Jamnalal – Respondent


Advocates Appeared:
B.L. Bapna, for the appellants; T.S. Mehta, for Jamnalal (Respondent)

1. This is a second appeal by the plaintiffs Kanhaiyalal and Prahalad against the appellate decree of the learned District Judge Bhilwara upholding the decree of the learned Town Munsiff Bhilwara, dismissing the plaintiffs suit for redemption of two Nohras and three shops situated in the town of Bhilwara. Jamnalal, defendant No. 1 was made the principal defendant and Chhaganlal and Pannalal were also made defendants Ganeshram and Andiram were also made defendants No. 4 and 5 on the allegation that the defendant No. 1 had given the possession of one of the shops in dispute to them. It would be convenient to give the pedigree given by the plaintiffs in their plaint before proceeding any further.

Sawantram


Jagannath



Kajodimal Jankidas Kishanlal



Shivkaran|| Barmakaran|| Ramkaran(died issueless) Pannalal (Defdt. No. 3) Chhaganlal (Defdt No. 2)


Haridas|| Mohanlal (Adopted son)


Prahlad (PI. No. 2)


Kanhaiyalal(Pl. No. 1) Mohanlal(Adopted by Barmakaran)

2. The plaintiffs originally brought their suit on the allegation that one of the Nohras in suit was usufruc-tuarily mortgaged by the ancestors of the plaintiffs with the ancestor of the defendant No. 1 about Samvat 196






















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