1955 Supreme(Raj) 370
WANCHOO, DAVE
Baboolal – Appellant
Versus
Nathmal – Respondent
Advocates Appeared:
L.N. Chhangani, for Appellants; M.L. Joshi, for Respondents
Dave, J.—This is a plaintiffs second appeal in a suit for redemption of a shop situated in the Sadar Mandi, Jaisalmer. The boundaries of the shop are given in the plaint and need not be repeated here. The suit was originally brought by Baboolal son of Chintamandas, but later on Phoolchand and Sujansingh were also impleaded as plaintiffs. The plaintiffs case was that the said shop was mortgaged by Chintamandas, father of the first plaintiff, with the defendant Nathmals father Mool-Chand for Rs. 457/- on Posh Vadi 3 Samvat 1981, and he was also placed in possession thereof. Thereafter, on 9th of November 1949, the plaintiff gave a notice to the defendant through the court for the redemption of the property, but he did not give any reply. It was therefore passed that Rs. 475/- which the plaintiffs had deposited in the court should be given to the defendants and they should be ordered to hand over possession of the property to the plaintiffs.
2. One of the defendants, namely Ram-lal presented his written statement on 26th of May, 1946. He admitted the fact that Chintamandas had mortgaged his shop with the Firm Moolchand Ramlal for Rs. 475/-. He however, pleaded that he had separated him
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