P.D.AGRAWAL
SATISH KUMAR MATHURA PRASAD SHRIVASTAVA – Appellant
Versus
JAGDAMBA PRASAD, NARMADA PRASAD – Respondent
( 1 ) THIS is a second appeal by the plaintiffs under Section 100 of the code of Civil procedure (to be called as 'code' only ).
( 2 ) LATE Mathura Prasad had two sons. Satish Kumar (A-1) and Ramesh Kumar (who died in year 1988 whose widow Smt. Shashikala is A-2 ). Late Mathura Prasad had executed a sale-deed on 15-9-1960 in favour of Dayashankar son of Ramnath Choubey for rs. 2000/ -. A rent-note was also executed by late Mathura Prasad on monthly rent of Rs. 40/ -. An agreement for reconveyance was simultaneously executed which was renewed on 14-9-1962. On 9-1-1963 said Dayashankar son of Ramnath Choubey and late Mathura prasad executed a sale-deed in favour of jagdamba Prasad (R-l) for Rs. 2500/ -.
( 3 ) AS per plaint, late Mathura Prasad required money for marriage of his daughter. He had taken a loan of Rs. 2000/- from dayashankar son of Ramnath Choubey, The sale-deed dated 15. 9. 1960 was executed as a security for repayment of loan. However, late mathura Prasad could not arrange money for repayment. He had to approach Jagdamba prasad (R-1l) for loan. Dayashankar and late mathura Prasad executed the sale-deed in favour of Jagdamba Prasad (R-1) and loan of da
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