1954 Supreme(Raj) 217
MODI
Barkatali – Appellant
Versus
Girdhari Singh – Respondent
Advocates Appeared:
U.M. Trivedi, for Appellant; S.S. Bapna, for Respondent
Modi, J.—This is a second appeal by the plaintiff Barkatali in a suit for redemption of a mortgage in respect of a certain plot of land situate in the city of Udaipur, which is said to have been made by his father in Svt. 1974 in favour of the defendant respondent. The plaintiffs case was that so far as he was able to find out, the disputed land was mortgaged usufruclually for a sum of Rs. 703/- and the date of the mortgage was Jeth Vadi 13. Svt. 1974. The plaintiff further alleged that he had given a notice to the defendant for redemption, but the latter had stated in reply that the said land had been sold by the former to the latter, which was utterly false. The plaintiff, therefore, prayed for redemption on payment of a sum of Rs. 703/- or such sum as the court might find due. The defendant resisted the suit. He denied the mortgage. He further contended that the plaintiffs father Akbarali had sold the suit land to the defendant for a sum of Rs. 1,009/- by a sale-deed dated Asoj Sudi 7 Svt. 1901 (corresponding to some time in 1924 A.D.) and that the defendant was, therefore, in possession as a vendee and no question of redemption arose at all. The defendant further stated that he
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