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1961 Supreme(Raj) 55

KHEM CHAND SHARMA, SHYAMLAL
Lalu – Appellant
Versus
Pratap – Respondent


Advocates Appeared:
Heeralal, for Appellants; Narender Singh Chordia, for Respondents

The circumstances that give rise to this second appeal may briefly be stated thus. Sarvashri Pratap and Mohanlal plaintiffs brought a suit against Sarvashri Lalu and Phookhand defendants for redemption of a mortgage over agricultural land with the allegations that Shri Lalu defendant had mortgaged the disputed land in favour of Shri Phoolchand defendant, that Shri Lalu defendant subsequently sold the equity of redemption for Rs. 99/- in favour of the plaintiffs, that the sale deed was reduced to writing but was not registered, that subsequently Sri Lalu defendant refused to have the sale deed registered, that the plaintiffs offered to redeem the mortgage, and that the mortgagee Shri Phool Chand refused to accept the mortgage money. It was therefore prayed that a decree for redemption be passed and that possession of the mortgage property be transferred in favour of the plaintiffs. The defendants contested the suit on the ground that the sale deed was unregistered, that no possession was transferred along with the sale deed and hence the plaintiffs had no cause of action. The trial court upheld this plea and rejected the suit. The learned Additional Commissioner relying on A.I.R. 19





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