JUDGMENT :- This is a defendants mortgagees second appeal against the judgment and decree dated 7-8-1971, dismissing the appellants appeal after confirming the judgment and decree of the trial Court.

2. The following pedigree is undisputed:-

Smt. Laxmi Bahu was undisputed owner of the house in dispute. On 10-1-1930 she executed a deed of mortgage in favour of Ram Sumer in respect of the house for Rs. 2,500. Defendants Nos. 1 and 2 are admittedly the successors in respect of all the property of Ram Sumer.

3. The suit giving rise to this appeal was filed by respondent No. 1 for the redemption of aforesaid mortgage on the allegations that Smt. Laxmi Bahu was the owner of the disputed property. She died on 30th January, 1930 leaving behind her three sons including the plaintiff and a daughter Smt. Kalawati, Defendant No. 4. By a deed of sale dated 10th December, 1947 Smt. Kalawati defendant No. 4 executed a deed of relinquishment in favour of the plaintiff and his brothers defendants Nos. 5 and 6. On 16th January, 1950, defendants Nos. 5 and 6 relinquished their shares in favour of the plaintiff by a deed of relinquishment of that date. Plaintiff alone therefore, filed the suit aforesai

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