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1958 Supreme(Raj) 108

WANCHOO, JAGAT NARAYAN
Kistoormal – Appellant
Versus
Sattar Mohamed – Respondent


Advocates Appeared:
Chand Mal, for Appellants; Harek Lal, for Respondent No. 3

Jagat Narayan, J.—This is an appeal by the plaintiffs against a decree of the Senior Civil Judge, Jodhpur, dismissing a part of their claim in a suit brought under sec. 31 of the Specified Relief Act for (1) a rectification of the boundaries of the mortgaged property in mortgage-deed dated 1.4.46, (2) a rectification of the boundaries of the mortgaged property given in the plaint in mortgage suit No. 47/48*49 brought in the court of the District Judge, Jodhpur, on the basis of the mortgage-deed and (3) declaration that the preliminary and final decrees in suit No. 47/48-49 dated 30.11.49 and 13.3.50 respectively relate to the property described in para 1 of the plaint of the present suit and the plaintiffs have a right to get the house sold in execution of the decree. The mortgage-deed was executed by one Dhume Khan, who died before the suit was brought. Sattar Mohamed, defendant Nos. 1 is the son, Smt. Chanda and Smt. Hanifa, defendants Nos. 2 and 3 are the widows and Smt. Halima is the daughter of Dhume Khan deceased. Defendant Nos. 2 and 3 contested the suit. The mortgage-deed was executed in favour of Smt. Bilam Kanwar wife of Kanmal who brought the present suit. She d during t


















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