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BELA M.TRIVEDI
Nath Rai – Appellant
Versus
Kalyan Sahai Dangachayach – Respondent
Bela M. Trivedi, J.— The present appeal has been filed by the appellants-plaintiffs under Section 96 of CPC challenging the judgment & decree dated 19.8.1992 passed by the Additional District & Sessions Judge, Court No.3, Jaipur City, Jaipur (hereinafter referred to as ‘”the trial court”) in Civil Suit No.17/81, whereby the trial court has dismissed the suit of the appellants-plaintiffs seeking redemption of the mortgage in respect of the suit property.
2. The case of the appellants-plaintiffs in nutshell before the trial court was that the plaintiffs were the grandsons of Smt.Chandra Kunwar Devi who had expired on 13.11.1971, after executing the Will on 6.10.1971. By virtue of the said Will, the plaintiffs had become the owners of the properties belonging to the said Smt.Chandra Kunwar Devi, including the plot bearing No.D/54 Madhosingh Road, Bani Park, Jaipur. It was further case of the plaintiffs that the said Smt.Chandra Kunwar Devi was in need of money, and therefore had executed a document on 9.12.1966 in favour of the respondent/defendant, creating a mortgage by conditional sale in respect of half of the plot (southern portion) comprising 1250 square yards with cons
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