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1957 Supreme(MP) 214

P.B.GAJENDRAGADKAR, S.K.DAS, T.L.VENKATARAMA AYYAR
ASA RAM – Appellant
Versus
RAM KALI – Respondent


Advocates Appeared:
DEVAN CHARANJIT LAL, J.B.DADACHAN AND CO., Rajindar Narain, RAMESHWAR NATH ROY, S.N.Andley, S.P.SINHA

T. L. VENKATARAMA AIYAR, J.

( 1 ) THE facts material for purposes of this appeal have been stated by us in our order dated 6-2-1957, and may be briefly recapitulated. The suit property is agricultural land of the extent of 10 Bighas, 13 Biswas. On 8-7-1930, the then owners of the land, Ram Prashad and Uadiraj, executed a usufructuary mortgage over it and certain other properties, with which we are not concerned in this litigation, in favour of Dwarka Prashad, Naubat Singh and Munshilal. The lands were originally held in Sir by the mortgagors, but as part of their bargain with the mortgagees, they applied to have their names removed from the Sir, and that was done by an order dated 18-6-1930, the lands being thereafter entered as Khudkasht in the names of the mortgagees. In 1941, Ram Prashad, the surviving mortgagor, filed Suit No. 132 of 1941 for redemption of the mortgage. The suit was contested, but it was eventually decreed, the amount due to the mortgagees being fixed at Rs. 1,860. Subsequent to the decree, Ram Prashad died leaving him surviving, the appellants herein, as his legal representatives. On 6-9-1945, the amount due under the mortgage was paid by them and the mortgage

















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