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1970 Supreme(MP) 120

SHIV DAYAL SHRIVASTAVA, S.M.N.RAINA
Radha Kishan – Appellant
Versus
Anoop Chand – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: H.C. Mishra
For Respondents/Defendant:A.R. Naokar for respondent No. 1, G.P. Patankar for respondent No. 3 and M.L. Gupta for respondents Nos. 4, 5 & 6

ORDER

S.M.N. Raina, J.

1. This is an application by the appellant for amendment of the plaint. The material facts for purposes of this appeal are as follows. Respondents Anoopchand, Meharchand and their deceased brother Santoshchand had executed a mortgage in respect of their house in favour of one Payarelal and his son Amarlal (respondent No, 4) for a consideration of Rs. 8.500 on 11-8-1943 by a registered deed of mortage (Ex P. 2). One of the terms of the mortgage was that the mortgage money shall be payable after five years from ' the date of the mortgage. Again on 14-8-1943 the aforesaid three mortgagors executed a second mortgage deed in favour of Pyarelal and Amarlal in respect of the said house for a consideration of Rs. 2,500 by a registered deed of mortgage (Ex. P. 3). The terms and conditions of the second mortgage were the same as that of the earlier mortgage. Mortgagor Santoshchand is dead and is represented by his son Vijaychand (respondent No. 3). Mortgagee Pyarelal also is dead and is represented by his three sons Amarlal, Jagdishprasad and Kishanlal (respondents 4 to 6). Respondents 4 to 6 transferred their rights under the mortgage deeds dated 11-8-1943 and 14-8-1943









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