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1950 Supreme(P&H) 108

WESTON, KHOSAL, HARNAM SINGH
Kharati Ram – Appellant
Versus
Ram Lal – Respondent


Advocates:
Shamair Chand, Som Datt Bahri, P.C. Jain and Ch. Roop Chand-for Applt.; H.L. Sarain and A.N. Grover - for Resps.

Judgement

FACTS :- This was a Letters Patent Appeal arising out of a suit for possession by pre-emption of the house, situated in Jullundur City, Kucha Pathanan, Mohalla Rangrezan. To appreciate the point of law involved in these proceedings the facts, so far as material, are set out. On 18-1-1934, Nasir Din and Mohammud Haji mortgaged with possession the house in suit for Rs. 1400 to Ganga Singh and Ram Lal on the foot of the deed of mtge. Ex. D-3. On the same day the mtgors. executed a rent deed, Ex. D-4, in favour of the mtgees. under which they took the house on lease from the mtgees. on an annual rent of Rs. 36, with the result that the actual possession of the house remained with the mtgors. Ganga Singh mtgee. gifted his mtgee. rights to his daughter Mst. Sardhi. Nasir Din mtgor. died and on 11-8-1939, Mohammad Haji and Mst. Fazal Bibi widow of Nasir Din on the foot of unregistered sale-deed Ex. D-5 sold the equity of redemption in the house for Rs. 50 in favour of Mst. Sardhi and Ram Lal, the two co-mtgees. By the purchase of the equity of redemption, Ram Lal and Mst. Sardhi became full owners of the house in suit. Later on, on 29-4-1940, Mst. Sardhi sold her share in the hou







































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