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1924 Supreme(All) 247

KANHAIYA LAL, MUKERJI, SULAIMAN
Sobha Ram – Appellant
Versus
Tursi Ram – Respondent


JUDGMENT

Sulaiman, J. - This is a plaintiff's, appeal arising out of a suit for recovery of possession of immovable property and mesne profits. The plaintiff also offered to let the defendants Nos. 1 and 2 redeem him if they chose to do so.

2. The facts of this case are as follows :--On the 5th of July, 1889, a mortgage-deed was executed by one Dharamjit ostensibly in favour of Tursi It is not now disputed that this Tursi was benamidar for Sobha Earn, the real mortgagee. On the 27th of July, 1896, Dharamjit sold the equity of redemption in the mortgaged property to Ganga Earn and Dhanwant. It may be stated that although the sale-deed stood in the name of these transferees, the mutation of names was subsequently effected in favour of the sons of these persons. It is not necessary at this stage to state all the circumstances under which the mutation of names was effected in that way, as that question has not been gone into by the court below.

3. On the 20th of December, 1909, Sobha Ram, the real mortgagee, brought a suit for sale against the mortgagor, Dharamjit, as well as his transferees, Ganga Ram and Dhanwant. He also impleaded a prior mortgagee, Badri. The sons of Ganga Ram and Dha

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