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KING, MUKERJI, NIAMATULLAH, SEN, SULAIMAN
Nannu Mal – Appellant
Versus
Ram Chander – Respondent
ORDER
Mukerji, J. - This is an offshoot, as it were, of Second Appeal No. 1490 of 1926 decided by us on 8th November 1929, Nannu Mal v. Ramcharan Lal AIR 1930 All. It appears that in execution of a prior mortgage held by two persons Ram Charan Lal and Ganga Sahai, the mortgaged property was sold and was purchased partly by the prior mortgagees and partly by defendants 4 to 7 in the suit. There was a second mortgage in favour of Nannu Mal the plaintiff, although the deed stood benami in the name of Kundan Lal plaintiff 2. The second mortgagee was not a party to the suit of the prior mortgagee. The auction-purchasers Nos. 4 to 7 have built a small house on a part of the property purchased by them. Their contention is that either the plaintiff Nannu Mal should pay them the value of the building erected by them which value has been estimated at Rs. 200 or these defendants should be allowed to remove the materials of the building before the sale takes place.
2. The Court of first instance did not accede to the request of the defendants and they appealed to the lower appellate Court. There they succeeded, the learned Judge of the lower appellate Court holding that if plaintiff 1 wanted,
to
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