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1969 Supreme(Raj) 116

LODHA
Ramniwas – Appellant
Versus
Pokarram – Respondent


Advocates Appeared:
C.L. Agarwal and R.S. Kejriwal, for Appellant; H.N. Kalla, for Respondents

LODHA, J.—This is a plaintiffs second appeal arising out of a suit for the redemption of mortgage and in the alternative for a decree for specific performance.

2. The facts giving rise to this appeal may be stated within a narrow compass. The property in question which consists of a house, two lime kilns and an open plot of land measuring 14,300 sq. yds. is situated in village Chandawal, Tehsil Sojat. This property originally belonged to respondent No. 3 Gulab Singh, who according to the plaintiff Ramniwas (appellant) mortgaged it by conditional sale by the mortgage deed dated 4-1-1960 for a sum of Rs. 4000/- with the defendant-respondent Nos. 1 and 2 Pokar Ram and Bhanwar Lal. One of the conditions incorporated in this alleged mortgage deed is that the mortgagor i. e. Gulabsingh will have a right to have the property in question resold to him on payment of Rs. 4000/- and interest thereon, within one year from the date of the execution of the deed. It was further stated that in case Gulabsingh failed to get the reconveyance in his favour as mentioned above the sale of the property in favour of the defendants Nos. 1 and 2 would be valid. Even after the execution of this document Gula


































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