RAJGOR REVASHANKER KUNVERJI Vs. RAJGOR JASHUBAI WD O VIRJI BHAVANJI

JUDGEMENT

(1.) This second appeal challenges a preliminary decree for redemption as passed by the learned Civil Judge J. D. Bhuj in favour of the respondents plaintiffs and as confirmed by the learned District Judge Kutch at Bhuj in appeal No. 139 of 1973.

(2.) The controversy between the parties lies in a very narrow compass and that is as to whether the respondent plaintiffs are entitled to full redemption of the suit mortgage or whether the decree for redemption has to be confined only to the alleged limited share of the original plaintiff Rajgor Bhavanji Vishanji in the equity of redemption and whether the defendant appellant is entitled to take as full owner alleged 1/2 share in the suit property on account of his having purchased the alleged right of one Bai Jashubai in the suit property.

(3.) The facts leading to the present litigation may now be stated in brief.