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1999 Supreme(Raj) 141

SHIV KUMAR SHARMA
Nand Lal – Appellant
Versus
Ramesh Chand – Respondent


Advocates Appeared:
Jagdish Sharan Rastogi, for Appellants. B.P. Agrawal, Sr. Advocate with R.P. Agrawal, for Respondents

Honble SHARMA, J.–Meaningful question that arises in the instant appeal is whether transferee can avail Sec. 53-A of the Transfer of Property Act, 1882 as a shield or as a sword? The parties shall be referred hereinafter in the same manner as they were arrayed in the suit.

(2). The defendants seek to challenge the decree and judgment dated April 14, 1977 of the learned Additional District Judge Jaipur whereby the suit for redemption of mortgage instituted by the plaintiffs was decreed allowing them to redeem the mortgage after making payment of Rs. 13,999/-till August 15, 1977 to the defendants.

(3). Brief resume of the facts is that the plaintiffs filed suit against the defen-dants on November 10, 1971 with the averments that Shri Roshan Lal, the father of plaintiff had mortgaged with possession four shops and executed as many as five mortgage deeds in favour of Shri Narain Bux the father of the defendants. In para 2 (ka) of the plaint details of mortgage deeds were incorporated thus-

First mortgage deed for shop No. 1 was executed on March 21, 1942 for Rs. 1799/-

Second deed again for the said shop No.1 was executed on August 31, 1945 for Rs.2000/-

Third deed for shop No.2 was execute









































































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