SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1955 Supreme(Raj) 49

WANCHOO, MODI
Pusaram – Appellant
Versus
Manmal – Respondent


Advocates Appeared:
M.L. Joshi, for Appellants; Makhtoormal, for Respondents

Wanchoo, C.J.—This is a special appeal against the judgment and decree of a learned Single Judge of this Court.

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


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top