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1998 Supreme(MP) 199

K.K.VERMA
Girdhari Singh – Appellant
Versus
Mahila Tara Bai – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. R.K. Dixit
For Respondents/Defendant: Mr. R.C. Lahoti

JUDGMENT

K.K. Varma, J.

1. This is plaintiff-sub-mortgagee's appeal from the decree dated 17-8-1974of the Additional District Judge, Guna in Civil Appeal No. 1-A/1973.

2. The aforementioned first appeal was filed by the mortgagors (respon-dents 1 to 3) from the preliminary decree for sale of their fields, passed by the First Civil Judge Class-I, Guna on 31-1-1970 against them as well as the mortgagees, present respondent no. 4 Minadevi and her husband Kunjbehari Lal (since deceased); for recovery of seven thousand rupees. The learned Additional District Judge allowed the appeal and dismissed the sub-mortgagee's suit so far as the mortgagors are concerned, maintaining the decree as against the mortgagees.

3. The first appeal and the second appeal have been heard ex parte against the mortgagees (respondent no. 4) Minadevi and respondents 5 to 10, sons and daughters of Kunjbehari Lal, the other co-mortgagee.

4. Admittedly, respondent no. 1 Tarabai and her sons mortgaged their agricultural lands with the aforesaid mortgagees by a registered mortgage deed dated 13-7-1966 in consideration of nine thousand rupees. The mortgage money was to be repaid in five yearly instalments, falling on 30th































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