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1950 Supreme(Raj) 171

BAPNA, NAWAL KISHORE
Motilal – Appellant
Versus
Bastimal – Respondent


Advocates Appeared:
Indernath, for Appellants; Rikhabraj, for respondent No. 1; Dashrathmal, for Respondent No. 3

Nawal Kishore, C.J.—This is a defendants second appeal and arises out of a shop redemption on payment of Rs. 100/-.

2. The suit involves a reference to two mortgage deeds Ex.D1—A and Ex.D1—B. The plaintiff based his suit on Ex.D.1A which was executed on Bhadwa Vad 1 Samwat 1946 by Alamchand and his father in favour of Hansraj, Shrichand ancestors of the defendants for the sum of Rs. 100/-. The defendants admitted this mortgage but pleaded that there were further dealings between the parties and another mortgage Ex.D.1B was executed on Jeth Vad 15 Samwat 1980 according to which the total amount due was fixed at Rs. 480/- as per detail below:-

Rs. 301/- without interest.

Rs.179/ - with interest at -/7/9 per cent per mensem.

Rs 480/- Total

3. On Sawn Vad 8 Samwat 1992 account wen gone into and the plaintiff Alamchand executed a balance in the books of the defendants and admitted that the total amount due Rs. 763/-. that is, Rs. 301/- without interest and Rs. 462/- with interest. On the basis of this Khata, the defendants claimed as below:-

Rs. 301/-

462/- Principal

317/- Interest.

148/7 cost of improvement.

54/6 Interest on improvements.

Total 1282/13

4. The trial court decreed the suit on paymen






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