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1966 Supreme(MP) 110

N.M.GOLVALKER, SURAJBHAN
PURSHOTTAM – Appellant
Versus
RAMCHARANLAL – Respondent


Advocates Appeared:
G.P.Patankar, M.L.GUPTA

SURAJBHAN, J.

( 1 ) THIS appeal is by the defendant against whom a decree for his ejectment has been passed The mortgagee whose tenant he claimed to be has also filed an appeal (being F. A. 15 of 1963) against the decree for redemption But his appeal is confined only to the costs of the suit awarded against him. However, as both the appeals wise out of the same suit and judgment, the disposal of the instant appeal shall govern the disposal of both the appeals.

( 2 ) THE plaintiff-respondents are the purchasers of equity of redemption from the heirs and legal representatives of the original mortgagor. Shyamlal Kachar, who had mortgaged the properly consisting of 2 1/2 shops, with Harprashad, appellant in the connected appeal, on four different mortgage deeds, and the total amount of the mortgage money was Rs. 10,500. The mortgages carried interest in lieu of rent. The original mortgagor, Shyamlal, failed to pay the rent, with the result that harprashad, mortgagee, brought a civil suit, No. 84 of 1953, and in the execution of its decree, recovered possession of the mortgaged property. Harprashad. mortgagee, inducted two tenants, on monthly tenancy of Rs. 10 and Rs. 17 respectively, a














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