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1951 Supreme(Raj) 229

BAPNA
Ratanlal – Appellant
Versus
Kishanlal – Respondent


Advocates Appeared:
U.M. Trivedi, for Appellant; Hemchand Sogani & Prakash Chandra for Respondents Nos. 1 to 3

Bapna, J.—This is a second appeal by the plaintiffs in a suit for redemption. The appellant sued the respondents on nth March, 1947 for redemp-tion of certain property situated in the town of Partapgarh and described in the plaint, on the allegations that their father Pannalal mortgaged the property with the respondents on 11th June 1920 for securing a loan of Rs, 151/- but that the defendants had declined to redeem the mortgage. The respondents pleaded that a further charge was created by Pannalal on 14th December 1922 for a sum of Rs. 95/- and thereafter on 26th December 1923 Pannalal agreed to sell the house to the mortgagees for a sum of Rs. 455/-and that after adjusting the loan and the interest thereon, he took some cash and agreed to take the balance on executing a registered deed of sale four days later. It was further pleaded that after the death of Pannalal, a deed was executed by one Punamchand as guardian of the plaintiffs, who were then minors, on nth January 1924. The trial court held that the sale deed of nth January was by a person who was not competent to execute the deed of transfer. The court did not rely on the agreement of sale dated 26th December 1923 and decr







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