SATYA NARAIN Vs. OM PRAKASH

JUDGEMENT

(1.) Leave granted.

(2.) The subject matter of challenge in this case is the judgment and order dated 3rd January 2007 of Rajasthan High Court in Civil Second Appeal No. 63/1990, Where by the High Court has dismissed the appeal.

(3.) The material facts of the case are that on 4.3.1953 one Smt. Lado w/o Late Shri Meghraj mortgaged two houses to the father of the present appellants for a sum of Rs. 4000/-. After the death of Smt. Lado, her adopted son Malchand on 2.12.1958 filed a suit, being Suit No. 156/58 before the Civil Judge Nagaur, Rajasthan inter alia claiming therein that the mortgaged deed was executed by one Chhoga Lal and Bajrang Lal by playing fraud upon his mother and thereby declaration was claimed that the mortgage was null and void and the possession of the property which was allegedly taken by Chhoga Lal and Bajrang Lal unauthorizedly may be restored to him.