N.K.JAIN
Balkrishan – Appellant
Versus
Mohsin Bhai – Respondent
1. This second appeal, under Section 100 of the Code of Civil Procedure, arises out of the judgment and decree dated 1.9.78 of the Court of Additional District Judge, Neemuch, in Civil First Appeal No. 19-N75, rendered in affirmance of the judgment and decree dated 8/1/76 passed by the Court of Civil Judge, Class II, Jawad in Civil Suit No. 1-A/69 decreeing suit of the respondent plaintiffs for redemption of mortgage.
2. The dispute relates to agricultural lands bearing Survey Nos. 1817, 1818, 1819, 1820, 1822, 1823, 1824, 1825, 1826, 1827,1828, 1829, 1830 & 1841 total area 8.163 Hectres, situated at village Athana, Tehsil Jawad, District Mandsaur. Village Athana was a 'Jagir' village of erstwhile Gwalior State which subsequently stood merged in the State of Madhya Bharat. The lands in suit were held by late Yusuf Ali as tenant of Jagirdar'. The lands were mortgaged by late Yusuf Ali by way of usufructuary mortgage with Shankarlal, the father of respondent Nos. 1 to 3 and husband of respondent No.4, under an un-registered mortgage deed dated 25.6.1929 for a loan of Rs. 392/-. The mortgage was for a fixed term of 9 years and it was agreed that after the expiry of the said p
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