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1953 Supreme(Raj) 58

BAPNA
Dalu – Appellant
Versus
Juharmal – Respondent


Advocates Appeared:
Tej Singh Mehta, for Appellant; Chandmal and Harnarain Bansal, for Respondents

Bapna, J.—This is a second appeal in a suit for redemption of a mortgage.

2. The appellant sued the respondents for redemption of a mortgage alleged to have been effected by Kela Bhajja in favour of Daya Ram. According to the plaint, a plot of land 17 bighas & 14 bighas bearing Survey Record No. 207 in village Rewara, Tehsil Rashmi, was mortgaged somewhere about S. 1956 for Rs. 25/-. It was alleged that the defendants who are the sons and heirs of Daya Ram had not only paid themselves off, but had enjoyed an excess income of Rs. 200/- since the date of the mortgage. It was alleged that the plaintiff Dalu was the heir and legal representative of the mortgagor and redemption was prayed without any payment of money or such payment of money to which the defendants may be entitled under the mortgage. The defendants denied the mortgage and set up their own title on account of a sale alleged to have been executed by Megha Sawai Ram in favour of Sola It was alleged that they were in possession of the property in dispute since generations and for a portion thereof held a sale-deed dated Poh Sudi 7, Smt. 1950 in their favour. The trial court accepted the genuineness of the sale-deed relied up











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