SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1952 Supreme(All) 280

AGARWALA
Beche Lal – Appellant
Versus
Hem Singh – Respondent


Advocates:
R.N. Shukla and K.N. Tandon, for Applicants; B.P Misra, for Opposite Parties (Nos.1 to 4).

JUDGMENT :- This is an application in revision against an order allowing an application for amendment of a decree under Ss.151, 152 and 153, Civil P.C. The facts briefly stated are as follows :

2. One Bhudher Singh executed a usufructuary mortgage on 18-8-1893 in favour of one Balwant Singh mortgaging 7 biswas, 2 kachwansis and 10 nanwansis in village Bijgawan for a consideration of Rs.400/-. A deed of further charge was executed about a year later on 15-8-1894, securing a sum of Rs.200/-. Bhudher Singh died leaving Khanzade Singh as his legal representative. Balwant Singh mortgagee sub-mortgaged his mortgagee rights by a deed, dated 31-5-1915, in favour of one Kunj Behari Lal for a consideration of Rs.200/-. Khanzade Singh, the representative of the mortgagor, purchased the mortgagee rights of Balwant Singh at an auction sale in execution of a decree and stepped into Balwant Singhs shoes. This would be, however, subject to the right of the sub-mortgagee, Kunj Behari Lal. In 1927, Kunj Behari Lal, the sub-mortgagee, sued upon his sub-mortgagee, impleading Balwant Singh and Khanzade Singh as defendants and claiming a sum of Rs.1,582/10/-. He prayed that this sum may be recovered by s






















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top