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1930 Supreme(All) 59

BENNET
Ranchhore – Appellant
Versus
Bansidhar – Respondent


JUDGMENT

Bennet, J. - This is a second appeal by three defendants, who are transferees from a mortgagor. The facts are that on 19th February 1926 Mt. Sarawan the mother and guardian of a minor Tunde executed a simple mortgage deed for Rs. 775 in favour of the plaintiff Bansidhar. Tunde died when he was a minor and his widow defendant 1 Mt. Larhai alias Raja Beti, executed a sale deed of her right to redeem in favour of defendants 2 to 5, the appellants before us. The plaintiff has brought a suit to enforce his simple mortgage deed by sale. The Court of first instance granted a preliminary decree under Order 34, Rule 4 but stated that a final decree could not be granted because the property could not be sold owing to Section 16, Bundelkhand Land Alienation Act. In first appeal the lower appellate Court has ordered that defendants be given six months' time to pay the decretal amount, and if they do not do so within that period the plaintiff will be entitled to recover the money by getting a temporary alienation of the mortgaged property from the Court. The only point taken in second appeal by the transferee-defendants is that this remedy, granted by the lower appellate Court is oppose

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