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1954 Supreme(Raj) 46

K.L.BAPNA
Ram Chandra – Appellant
Versus
Ram Hans – Respondent


Advocates Appeared:
R.K. Rastogi and D.P. Gupta, for Appellants; C.L. Agrawal, Respondent No. 1

Bapna, J.—This is a second appeal by the defendants is a suit for redemption.

2. The respondent, Ram Hans, sued the appellants Ram Chandra and Uda in the Court of Civil Judge, Hindaun, on the 28th of July. 1945, on the allegations that a Kham Bakhi containing 13 pators described in the plaint, situated at Hindaun. was mortgaged by Kardev, predecessor-in-title of respondent No. 1, and Patriya, respondent No.2, with Ramhet as security for a loan of Rs 200/- on Sawan Badi 14, Svt. 1989 (25th July, 1930), and a certain deed was executed, but it was not registered. The defendants were stated to be the legal representatives of Ramhet, add the plaintiff claimed.

(1) redemption of the said mortgage,

(2) possession of the property on payment of Rs. 200/- to the appellants, and

(3) costs of the suit.

3. The appellants contested the suit, denied the mortgage, and pleaded that the agreement was to hand over pators on nonpayment of loan of Rs. 200/-, and that Hardev delivered the pators to the defendants in pursuance of the contract. It was pleaded further that the loan carried interest at 18% per annum and certain repairs were also done to the property so that the defendants debt now outstanding wa
















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