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SHINDE, DIXIT
Pannalal – Appellant
Versus
Labhchand – Respondent


Advocates Appeared:
For the Appellant : K.A. Chitale and S.D. Sanghi
For the Respondent: Waghmare

JUDGEMENT :

DIXIT, J.

These two second appeals are against one judgment and decree of the District Judge Mandsaur, modifying the decree of the Court of Civil Judge First Class Mandsaur granting the plaintiff-respondent relief in the form of redemption of a mortgaged house.

2. The material facts are that on 31-12-1923 the plaintiff Labhchand executed a mortgage with possession of the suit house together with its appurtenant structures and land for Rs.500/-. The mortgage deed was registered and it provided inter alia that the debt would carry no interest and the mortgagee would take the whole of the rents and profits; that on the expiry of seven years the mortgagor would be entitled to redeem. the property at any time after repayment of Rs.500/- the amount of the mortgage debt and such amount as the mortgagee might spend to the extent of Rs.200/- on the reconstruction of an appurtenant structure namely a 'Padal' and further such amount exceeding Rs.3/- per year which the mortgagee might spend for keeping the property in good and substantial repair. The plaintiff alleged that on several occasions he asked the mortgagee to allow him to redeem the property and also gave a notice to that ef









































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