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2004 Supreme(Raj) 1196

A.C.GOYAL
Shanti Devi – Appellant
Versus
Nand Lal – Respondent


Advocates Appeared:
S.R. Surana, for Appellant R.K. Agarwal, for Respondent

Honble GOYAL, J.–This is second appeal by the defendant against the judgment and decree dated 1.2.2002, whereby learned Additional District Judge No.3, Jaipur City, Jaipur, affirmed the judgment and decree of redemption passed by Additional Civil Judge (Junior Division) No. 1, Jaipur City, Jaipur, on 20.8.1997. The parties hereinafter shall be referred as arrayed in the plaint.

(2). The plaintiff filed a suit on 22.5.1984 for redemption and possession of mortgaged property with the averments that House No. 4784 situated in Jaipur as described in para 1 of the plaint was mortgaged with the defendant vide registered mortgage-deed dated 16.11.1978 only for Rs. 16,999/-, for a period of seven years. The value of this property at that time was Rs. 60,000/- and the plaintiff never sold this property to the defendant. The cause of action arose to the plaintiff on 29.12.1983 when the defendant represented that she had become absolute owner of this property. The plaintiff was and is still ready to pay the mortgage money and thus the plaintiff is entitled to a decree of redemption of the mortgaged property with possession of the same and the defendant should be restrained not to make any alte






































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