SUNDERLAL Vs. DHANNOO

JUDGEMENT

(1.) THIS is an appeal by Sunderlal (defendant No. 12) and Smt. Keshar Rai (defendant No. 13) against the judgment and decree dated 16 -4 -1968 passed by the Additional District Judge, Betul, in Civil Appeal No. 1 -A of 1965.

(2.) THE present suit was filed for redemption of a mortgage by Dhannoo son of Ramsingh (respondent No.1 -plaintiff No.1), his mother Smt. Bhagwanti (respondent No.2 -plaintiff No.2) and the transferees of half share of the suit property by them, namely, Khushalsingh (respondent No.3) and Fakirchand (respondent No.4 -plaintiff No.4.)

(3.) IN the present case only Sunderlal son of Malloosingh (appellant No.1) and Mst. Kesharbai (appellant No.2) contested the suit with regard to their rights over the suit lands, namely, Khasra No. 131 area 20.45 acres. As regards Mst. Rasi (respondent No. 22) and Mst. Parbati Bai (respondent No.23), they contested the suit on the basis of their possession of the house. The rest of the respondents, who are legal representatives of the original mortgagees (except the minors) supported the case of the respondents 1 to 4 - plaintiffs in their written statement. As regards the minors, who were represented by their guardian -ad -litem, they formally denied the claim but did not adduce any evidence in support of their plea. Thus, the only contesting defendants were the present appellants, Sunderlal and Smt. Keshar Bai for the agricultural lands and Mst. Rasi (respondent No. 22) and Mst. Parbati Bai (respondent No. 23) for the house.