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1946 Supreme(Nagpur) 74

POLLOCK
AJABSING – Appellant
Versus
JHABBULAL – Respondent


JUDGMENT

Pollock, J—In 1925 Imrat, the father of the defendants, borrowed Rs. 1000 from the plaintiffs and as security mortgaged 28.95 acres of absolute occupancy land in mauza Jhalone. In 1982 the plaintiffs brought a suit on this mortgage, and Imrat thereafter applied to the Debt Conciliation Board. On 25-9-1936 the plaintiffs and Imrat informed the Board that they had agreed that the plaintiffs should take a sale deed of absolute occupancy fields No. 265, area 4.25 acres, and No. 80, area 12.61 acres, out of the mortgaged land in settlement of their claim and leave the rest of the mortgaged land to Imrat.

2. The Board considered this a very fair settlement and directed them to get a gale deed executed and registered: see Ex. D-6. A sale deed (Ex. P-1) was accordingly executed on 28-10-1986 by which Imrat purported to sell two of his mortgaged fields for Rs. 1700, which was apparently the sum that the Board decided should be payable on the mortgage. The fields sold were described as No. 265/1, area 4. 25 acres, rent Rs. 9, and No. 80/2, area 12. 61 acres, rent Rs. 18; and there was this condition in the sale deed that Imrat should retain possession until the crops were cut and the























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