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1956 Supreme(P&H) 53

KHOSLA
Kishan Chand – Appellant
Versus
Rakesh Kumar – Respondent


Judgment

Khosla, J.

1. This second appeal arises out of a suit by the minor sons of Balwant Rai to challenge four mortgages effected by him on the ground that the mortgages were without consideration and necessity and therefore not binding upon them. All the mortgages were in respect of one house and the transactions were as follows:

(1) a mortgage for Rs. 2,000/- effected on 14-3-1943 in favour of Kishan Chand appellant. The document is exhibit D. 4;

(2) a mortgage for Rs. 4,000/- effected in favour of Madu Sudan Lal, father of Niranjan Parshad defendant No. 3, on 13-5-1643. By means of this mortgage the previous mortgage in favour of Kishan Chand was paid off. Niranjan Parshad sold his rights to Om Prakash defendant No. 6. The original mortgage deed is Exhibit D. 8;

(3) a mortgage for Rs. l.000/- effected on-21-7-1943 in favour of Niranjan Prashad defendant No. 3. The mortgage deed is Exhibit D. 9. Niranjan Parshad brought a suit on the basis of this mortgage and obtained a decree. In execution of this decree the house was sold by Ramji Das defendant No. .5 to whom the decree was assigned; and

(4) a mortgage for Rs. 12,000/- effected on 22-10-1944 in favour of Daulat Ram defendant



















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