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1952 Supreme(Raj) 269

BAPNA, WANCHOO
Bhajandas – Appellant
Versus
Nanuram – Respondent


Advocates Appeared:
Murli Manohar, for Appellant; R.D. Gattani, for Respondent

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

2. One Prayagdas and his son Budhraj mortgaged a house with Hukamdas as a security for the loan of Rs. 1,500/- on Baisdkh Vadi 12, Svt. 1984 (17th April 1928). Prayagdas delivered possession of the property to the mortgagee and executed a lease of the same in favour of the latter at a rent of Rs. 15/- per mensem. Prayagdas had another son Deo Kishen who had died in his lifetime leaving a widow Shrimati Suraj Kanwar. Suraj Kanwar adopted Nanuram on 20th March 1929. Budhraj died leaving a widow Mst. Shanti. Hukamdas sued Prayagdas for arrears of rent and a decree was passed on the 15th of December 1931 against Mst. Suraj and Mst. Shanti as legal representatives of Prayagdas and in execution of that decree the house was put up for sale. Mst. Suraj Kanwar applied to the court for permission to raise money on security of the house and on such permission being granted Suraj Kanwar mortgaged the house for Rs. 600/- to Chhotmal on the 5th of June 1934. In the meantime, Hukamdas died and his son Jethmal assigned his mortgagee rights in the property to Chhotmal on 16th April 1944. Chhotmal sub-mortgaged his rights under the two mortg























































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