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2022 Supreme(MP) 382

DWARKA DHISH BANSAL
Brahspati Kumar – Appellant
Versus
Sarju Prasad – Respondent


Advocates:
Revish Agrawal with Ms. Sanjana Sahni for Appellants.

JUDGMENT

1. This second appeal has been preferred by the plaintiffs challenging the judgment and decree dated 24.11.1994 passed by 2nd Additional Judge to the Court of District Judge, Sidhi in Civil Appeal No.136-A/1992 reversing the judgment and decree dated 6.7.1982 passed by Civil Judge Class II, Sidhi in Civil Suit No.26-A/1978, whereby learned trial Court decreed the suit, which in appeal filed by legal heirs of original defendant Shalikram, has been dismissed.

2. In short the facts are that the plaintiffs/appellants instituted a suit for redemption of mortgage and in alternative for recovery of possession on the basis of title as well as for mesne profits. It is alleged that the land khasra No.213 area 7.83 acre situtated in Village Satohari, Tahsil Gopadbanas, was owned and possessed by Ganeshram, who died in the year, 1960 leaving behind him, his son Chandramani Prasad, who being in need of money mortagaged the land for consideration of Rs.150/- in the year, 1952 by executing unregistered mortgage deed with the assurance that upon refund of Rs.150/-, defendant's father Mahaveer Ram shall hand over possession to Chandramani Prasad, who died issueless in the year, 1969 leaving

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