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1995 Supreme(P&H) 1253

N.K.KAPOOR
Chanderpati alias Kasturi Mahajan – Appellant
Versus
Maman Chand – Respondent


Advocates Appeared:
For the Appellant :Mr. M.S. Jain, Sr. Advocate with Mr. Adarsh Jain and Mr. Arun Jain, Advocates for Mr. O.P. Goyal, Sr. Advocate with Mr. Ojinder Singh, Advocate.
For the Respondent:Mr. V.K. Jain, Sr. Advocate with Mr. J.L. Malhotra, Advocate.

JUDGMENT

N.K. Kapoor, J. - This is unsuccessful plaintiffs regular second appeal.

2. Plaintiff filed a suit for possession by means of redemption. According to the plaintiff, one Raghunath son of Khub Ram, father of the plaintiff, and Sampat, her uncle, were owners in possession of a shop detailed in para No. 1 of the plaint. They mortgaged the shop in favour of one Pehlad on 18.3.1922 for a sum of Rs. 4,000/-. On the death of Sampat, his rights devolved upon Raghunath who created an additional mortgage in favour of Pehlad on 3.7.1922. On the death of Pehlad, his rights were inherited by his daughter Shanti. Subsequently, in a dispute between Shanti and Kasturi, sister of Pehlad, the mortgagee rights were acquired by Kasturi Devi who gifted her right to her son Risal Singh vide gift deed dated 18.5.1949. On 17.4.1953 Risal Singh sold the property to defendant No. 1 vide registered sale deed. The plaintiff thus claiming herself to be sole heir of Raghunath mertgagor filed the present suit for redemption of the property.

3. Defendant No. 2 in his written statement alleged that the name of the plaintiff is Kasturi and not Chandarpati. According to the defendant, she is the daughter of




















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