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1963 Supreme(Raj) 9

L.S.MEHTA
Gordhan Das – Appellant
Versus
State – Respondent


Advocates Appeared:
M.M. Singhvi, for Petitioner; V.N. Vyas, for Non-petitioners Nos. 2 to 6; A.K. Mathur, Assistant Government Advocate

L.S. MEHTA, J.—This is a revision-petition directed against the judgment of learned Additional Sessions Judge No. 2, Jodhpur, dated November 30, 1966. It is alleged by the prosecution that Mst. Noji wife of Bhinya Ram, non-petitioner No. 3, owned a house in Mohalla Hanumanji-ki-Bhakri, Jodhpur. She possessed a title deed in her own name. She needed some money. Consequently, she mortgaged the house in favour of the petitioner Gordhan Das, Oswal, resident of Udaimandir, Jodhpur, and his brothers. The mortgage was alleged to be anomalous. Thereafter Mst. Noji executed a rent-note in favour of Gordhan Das and his brothers. Subsequently, a suit was filed by Gordhan Das and others for eviction of the property and recovery of arrears of rent. A decree for ejectment and arrears of rent was passed in favour of the plaintiffs. In execution of that decree, Gordhan Das and his brothers were put in possession of the property, excepting one room, on February 6, 1964, through the process of the court. After some time possession over the said room was also given to the mortgagees. The mortgagees put their locks on the various apartments. On March 24, 1964, Gordhan Das and others kept sundry articl











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