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1970 Supreme(Raj) 48

LODHA
Shrinarain – Appellant
Versus
Lachhiram – Respondent


Advocates Appeared:
N.M. Kasliwal, for Shrinarain and Mohinuddin; P.N. Dutt and K.N. Tikku, for Lachhiram and Satischand

LODHA, J.— The above three appeals arise out of suit No. 348 of 1961 instituted in the Court of Munsiff Magistrate Jaipur City (East), Jaipur by Lachhiram against Hari Narain, Shrinarain and Mohinuddin for redemption of shop situated at Moti-Dungari Road in the city of Jaipur. Since all these appeals are directed against the judgment of the Additional District Judge No. 2, Jaipur City, it would be convenient to dispose them of by common judgment.

2. The property in dispute belonged to Lachhiram, who mortgaged the same in favour of defendant No. 1, Hari Narain on 20-4-1956 by a registered mortgage deed for a consideration of Rs. 451/-. The possession of the shop was admittedly handed over to the mortgagee at the time of mortgage. It is alleged by the plaintiff that he gave a notice to the defendant No. 1, dated 31-12-63 to redeem the mortgage but the defendant No. 1 replied that the real mortgagee was defendant No. 2 Shrinarain and that a sum of Rs. 500/- had been spent on repairs and improvements of the mortgaged property and that defendant No 3 Mohinuddin had been inducted as a tenant by the mortgagee. Consequently the plaintiff filed the present suit for redemption of the mortgage






























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