POONAMCHAND Vs. JAWARILAL

JUDGEMENT

(1.) THIS is a second appeal by the defendant Poonam Chand in a suit for redemption of a mortgage.

(2.) THE plaintiff Nathmal mortgaged the suit house to one Jethu for Rs. 40/- by an unregistered mortgage-deed dated 7th September, 1907. THEre was a decree against Jethu and in execution thereof the suit house was sold to one Bhopia. Bhopia in turn sold it to Chhagniram, and the present appellant Poonam Chand is one of the sons of Chhagniram. THE plaintiff impleaded Jethu and his sons and Bhopia and Poonam Chand, Chhagniram and Babulal (the latter three being the sons of Chhagniram) as defendants. Chhagniram and Babulal allowed the suit to proceed ex parte against them, and Poonam Chand alone contested the suit. THE defence was that there was no mortgage by Nathmal at all, that the defendant was a bonafide purchaser for value, that the suit was barred by limitation, that the plaintiff was estopped from bringing the present suit as he was aware of the intermediate transactions through which the property had passed, and finally that the defendant was entitled, in any case, to the sale price paid by him to Bhopia and the costs of improvements. THE Civil Judge Pali held that the mortgage was proved and that the defendant had made improvements to the tune of Rs. 1300/- and was entitled to them, and dismissed all the other pleas raised by the defendant. THE learned District Judge on appeal upheld the judgment and decree of the trial court. Hence the present appeal.