LAWS(KAR)-1998-3-51

DEEPCHAND Vs. AMINA BAI ALIAS AMINABIYAMMA

Decided On March 09, 1998
DEEPCHAND Appellant
V/S
AMINA BAI ALIAS AMINABIYAMMA Respondents

JUDGEMENT

(1.) THE petitioner/plaintiff/appellants in R. S. A. No. 849 of 1979 are the petitioner in the above civil petition. The second appeal whose judgment is sought to be reviewed arose out of a suit for redemption which was dismissed by the Trial Court and which dismissal was confirmed by the first Appellate Court and this Court in the second appeal.

(2.) THE reason for dismissal by the Courts below is that there is no identity of the mortgaged property. This Court observed as follows:

(3.) NOW this part of the judgment is sought to be reviewed by the appellants on the grounds that the Supreme Court has held in Harnek singh v Harbax Singh and Others, para 3 of the judgment is extracted below.