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1964 Supreme(P&H) 133

D.K.MAHAJAN
Mathra Puri – Appellant
Versus
Hukam Chand – Respondent


Judgment

1. In this second appeal the only question that has been debated before me is covered by issue No. 5 which is in these terms:

"5. Whether the plaintiffs got the land redeemed for Pratap Chand if so what is the effect on the tenancy of the defendants?"

This facts of this case are that the land in dispute which was owned by the defendants Mathra Puri and Somwar Puri was mortgaged by their mother Mst. Partapi when they were minors to secure an advance of Rs. 3, 421. This amount was due by the husband of Mst. Partapi to the father of the defendants Hukam Chand and others on the basis of a bahi entry. The mortgage was in favour of Hukam Chand and other s plaintiff-respondents. The plaintiffs mortgaged their mortgagee rights in this land to Pratap Chand. Partap Chand inducted the respondents as tenants on the land in the year 1956. In the year 1957 the plaintiffs brought a suit for possession of the land in dispute by redemption. The trial Court dismissed the suit holding that the defendants were not bound by the mortgage created by their mother. On appeal by the plaintiffs the trial Courts decree was the aside and it was held that he mortgage was binding on the defendants and ac





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