WANCHOO, MODI
Pusaram – Appellant
Versus
Manmal – Respondent
2. The appellants are defendants mortgagees. A suit for redemption was brought by plaintiffs respondents. Their case was that a certain shop had been mortgaged by one Pratapmal and his sons with Roop Ram and Kaniram on Kartik Badi 13, St. 1917, for a sum of Rs. 451/-. The plaintiffs claimed to be successors-in-interest of the mortgagors along with certain others who were made pro forma defendants. They sued for redemption of the shop from defendants 1 to 5 who were successors-in-interest of the mortgagees. The suit had a chequered history, but it is enough to say that eventually the mortgage was held to be proved, and the trial court ordered redemption. There was an appeal by the defendants mortgagees, which was dismissed, and thereafter, there was a second appeal to this Court, which was also dismissed by the learned Single Judge.
3. The main case of the defendants mortgagees in second appeal was that the plaintiffs mortgagors had failed to prove the mortgage, set up, and, therefore, the suit for redemption should have been dismissed. It was urged on behalf of the defendan
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.