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1954 Supreme(Raj) 201

SHARMA
Harnarain – Appellant
Versus
Mool Chand – Respondent


Advocates Appeared:
D.M. Bhandari, for Appellant; C.L. Agarwal, for Respondent

Sharma, J.—This is an appeal by one of the defendants against the appellate judgment and decree of the learned Civil Judge, Bharatpur in a redemption suit, The plaintiff Moolchand filed a suit for redemption of the mortgage of a house situated in the town of Bayana near Gilhoria well. It was alleged that the said property was mortgaged by Jawahar the ancestor of the defencants Nos. 6 to 19 in favour of Sunsiram and Johri predecessor in interest of defendant No. 2 (hereinafter to be referred to as the first mortgagees). This mortgaged was with possession and for a sum of Rs. 314/-, Afterwards the property was mortgaged as per mortgage deed dated the 1st of May, 1899 in favour of the defendant No. 3 Chiranji Lal and Thakuria fathers of defendants Nos. 4 and 5, Gurraj and Pyareylal respectively, hereinafter to be known as the second mortgagees), with possession. The second mortgagees by sale deed dated the 8th of September, 1937, sold their mortgagee rights to Harnarain, defendant No. 1. It was further alleged that Mst. Phondi defendant No. 2 successor in interest of the first mortgagees redeemed this property in favour of Shyamlal defendant No. 6, the successor in interest of the ori























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