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1957 Supreme(Raj) 257

MODI
Mst. Chandan Bai – Appellant
Versus
Jagjiwanlal – Respondent


Advocates Appeared:
Chandmal, for Appellant; Zabarraj, for Respondent

Modi, J.—This is a second appeal by the defendant Mst. Chandanbai against the judgment of the Civil Judge, Udaipur, dated the 10th December, 1951, in a suit for redemption.

2. The plaintiff respondent Jagjiwanlal is a minor and brought this suit through his next friend Mst. Kankubai, his mother, in his capacity as the legal representative of his ancestor jawanji who is alleged to have made the mortgage of the suit shop-cum-house, situate in village Dhulev, and the boundaries whereof are mentioned in para(l) of the plaint, in favour of Sankad Chand an ancestor of the defendant appellant by a mortgage deed dated Kali Vadi 11, Svt. 1926 for Rs. 861/-. The Mortgage was with possession. It was further alleged in the plaint that the mortgagee had spent a sum of Rs. 111/5/- by way of improvements to the suit property in Svt. 1930 and this was acknowledged on behalf of the plaintiffs ancestors on the deed itself, and later in Svt. 1952 a further sum of Rs. 39/- was spent on repairs thereof, and the same was also acknowledged to have been spent on behalf of the plaintiffs ancestors and thus a sum of Rs. 1011/5/-became payable with respect to the mortgage upto the Svt. year 1952. The case dis





















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