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1958 Supreme(P&H) 190

K.L.GOSAIN, HARBANS SINGH
Pran Nath – Appellant
Versus
Bal Kishan – Respondent


Judgment

1. The facts giving rise to this second appeal are as under: on 29-4-1924 one Gokal Chand mortgaged the suit property with possession in favour of Jamna Das.

In a court sale held thereafter the father of defendants Nos. 1 to 6 purchased the mortgagee rights. On 14-5-1924 Gokal Chand made a will bequeathing the property to the present plaintiffs who were minors at that time. On 28-11-1928 Lal Devi, mother of the plaintiffs, was appointed their guardian under the Guardians and Wards Act. On 6-6-1936 Lal Devi sold the equity of redemption in the property in dispute to the father of defendants Nos. 1 to 6 with the result that the equity of redemption as also the mortgagee rights vested in the same person, that is, the father of defendants Nos. 1 to 6.

On 13-8-1947 the plaintiffs brought the present suit for redemption of the mortgage alleging that the sale of equity of redemption by their mother Lal Devi was not binding on them and they were entitled to redeem the mortgage. The suit was contested by the defendants (their father in the meantime having died) on various pleas including (1) that the suit was barred by time, and (2) that a suit for setting aside the sale of equity o























































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