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BAJPAI, IQBAL AHMAD
Seth Chunni Lal – Appellant
Versus
Lakshmi Chand – Respondent
JUDGMENT
Bajpai, J. - This is an appeal by Seth Chunni Lal who was the plaintiff in the Court below and who had brought a suit for the recovery of a sum of Rs. 2800 on the basis of a mortgage dated 28th April 1922. The defendants to the suit were Bharat Singh, Ranjit Singh and Ram Singh, defendants 1 to 3, who might loosely be described as the original mortgagors, and Lachhmi Chand, Hargu Lal and Rameshwar Das, defendants 4 to 6, who were impleaded as subsequent mortgagees under a mortgage of 19th January 1929. The mortgage was executed by Bharat Singh in his own right and as the guardian of Ranjit Singh and Ram Singh. The defence of Ranjit Singh and Ram Singh was that they were separate from Bharat Singh defendant 1 and the latter had no right to execute the mortgage on their behalf and the mortgaged property so far as their share was concerned was unaffected. Defendants 4 to 6 pleaded-and it is only with this plea that I am concerned-that they had priority to the extent of Rs. 3230 because under the mortgage of 1929 the above sum was credited towards an earlier mortgage in their favour of 28th January 1921, a mortgage earlier than the mortgage in suit of the plaintiff.
2. The trial
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