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1951 Supreme(Raj) 215

BAPNA
Pusaram – Appellant
Versus
Manmal – Respondent


Advocates Appeared:
Mohanlal Joshi, for Appellants; Maktoormal, for Respondents

Bapna, J.—This is a second appeal by the contesting defendants in a suit for redemption. The respondents Nos. 1 to 5 sued the appellant on the allegations that a certain shop described in the plaint was mortgaged by Pratapmal and his sons Chhotmal and Jethmal with Rupram and Kaniram. on Kati Vadi 13, Smt. 1917 for a sum of Rs. 451/-. It was stated that the plaintiffs and defendants Nos. 6 to 38 were successors-in-title to the mortgagors, and defendants Nos. 1 to 5, who are now appellants, were the successors-in-title to the mortgagee. The appellants denied the fact of the mortgage and the fact of the plaintiffs being the successors-in-title to the mortgagors claimed to redeem the same. The trial court dismissed the suit on 2nd March 1944 but the case was remanded for a fresh trial on appeal, and after re-trial the suit was decreed. The contesting defendants being successors-in-title to the mortgagees filed an appeal which was dismissed.

2. The finding that the shop was mortgaged by Pratapmal, Chhotmal and Jethmal with Roopram Kaniram was based on certain entries of the Bakiyat Department of the Government of Jodhpur. The property of Pratapmal was taken possession of by the State but





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