SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1972 Supreme(Raj) 175

KAN SINGH
Tarachand – Appellant
Versus
Kesrimal – Respondent


Advocates Appeared:
Hastimal, for Appellant; Pukhraj, for Respondent

KAN SINGH, J.—This is a plaintiffs appeal directed against the judgment and decree of the learned Additional District Judge, Sirohi dated 28.4.69 dismissing the plaintiffs suit for recovery of money on the foot of a mortgage. It raises the question about the validity of the attestation on the mortgage deed as also regarding the mode of proving the execution of the mortgage deed.

2. Plaintiff Nos. 1 and 2 were father and son respectively. Deceased Pratap Chand was appellant Tara Chands father. According to the plaintiffs defendant No. 1 Kesrimal acting for himself and for and on behalf of his minor sons defendants Nos. 2 and 5 executed a mortgage deed for a sum of Rs. 12,000/- on 23-7-54 in favour of the plaintiffs Nos. 1 and 2 and Tara Chands father Pratap Chand. The mortgage deed was not registered the same day. According to it, a house and a shop described in para 1(b) of the plaint were mortgaged and the possession of the mortgaged property was handed over to the mortgagees and the mortgagors executed a rent not the same day agreeing to pay Rs. 60/- per month as rent for the property. It does not appear that there was any stipulation to pay interest. However, as the rent fell in










































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top