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1970 Supreme(Raj) 183

LODHA
Mira Bai – Appellant
Versus
Jai Singh – Respondent


Advocates Appeared:
A.K. Bhandari on behalf of Shri MB L. Bhargava, for Respondent

LODHA, J.—This is a plaintiffs second appeal arising out of a suit for redemption of mortgage of a house situated in village Tantoti, District Ajmer.

2. The plaintiffs case is that their ancester Tejpal made a usufructuary mortgage of the house in question for Rs. 400 in favour of Nandlal and Naharsingh ancestors of the defendants by a registered mortgage deed dated 16.2.1960 and that they were entitled to redeem the same on payment of the principal sum of Rs. 400. They also claimed mesne profits at the rate of Rs. 10 per month from the date of suit till the delivery of possession of the house to them. The defendants denied the alleged mortgage. The learned Munsiff, Kekri held that the alleged mortgage was not proved, and consequently dismissed the suit. On appeal by the plaintiffs the judgment and decree by the trial court were upheld by the learned Additional Civil Judge, Ajmer. Consequently, the plaintiffs have come in second appeal to this Court

3. Both the learned counsel for the parties are agreed that there survives only one point for decision in this case and that in whether the plaintiffs have succeeded in proving the mortgage set up by them ?

4. The original mortgage deed is















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