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2013 Supreme(Raj) 228

MOHAMMAD RAFIQ
Premlata Bai – Appellant
Versus
Gani Mohammed – Respondent


Advocates Appeared
N.K. Maloo, Senior Advocate with Vinod Kumar Tamoliya, for Appellant;
B.L. Agrawal, for Respondent

JUDGMENT

Hon'ble RAFIQ, J.—This is plaintiffs' second appeal directed against the judgment and decree dated 16.3.1994 passed by Civil Judge, Bhawani Mandi, who thereby reversed the judgment and decree passed by the Munsif and Judicial Magistrate, Bhawani Mandi dated 1.8.1990 decreeing the suit filed by the plaintiff-appellants.

2. The plaintiff-appellants filed the suit seeking eviction and recovery of rent/mesne profit against the defendants inter alia on the premise that father-in-law of plaintiff no.1 Bal Mukund mortgaged three shops along with other attached properties with one Mulla Khan Ali by registered mortgage deed (Ex.2) on 19.1.1953 for a sum of of Rs.4,999. It was a usufructuary mortgage. Two shops other than the disputed shop were redeemed on 27.12.1954 by paying Rs.3,600 and third suit shop was redeemed on 19.11.1978 by paying a sum of Rs.1,399. Endorsement to this effect was made by the mortgagee at the back of the mortgage deed. In between, the mortgagee had let out the suit shop to defendant-Narain Kumawat. Narain in turn had sub-let the said shop and parted with possession thereof, to defendant-Gani Mohammed. Upon redemption of the mortgage, the mortgagee Mulla Khan

















































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