JAMILA BEGUM NANDINI Vs. SHAMI MOHAMMAD

JUDGEMENT

(1.) HEARD 'shekhar' learned counsel for the appellant and Sri Ajit Kumar, Advocate, appearing for the respondents.

(2.) THIS is defendant's second appeal arising out of judgment and decree dated 28-10-1997 passed by the IX Additional District Judge in Civil Appeal No. 661 of 1983 setting aside the judgment and decree dated 7-3-1983 passed by II Additional Civil Judge in Original Suit No. 130 of 1980.

(3.) THE dispute is in respect of the house no. 88/85, Chamanganj, Kanpur Nagar. Facts giving rise to the dispute are that the plaintiff filed a suit for declaration that the mortgage deed dated 21/11/1967 and also sale deed dated 21/12/1970 in respect of the disputed property void and consequently cancel the sale deed. In the alternative, the plaintiff claimed redemption of the house in question in the event the mortgage is held to be valid. Father of plaintiff, Wali mohammad Khan purchased two plots Nos. 55 and 56 in Blcok No. F Sismau, Kanpur nagar and thereafter got the house constructed, which were alloted municipal numbers 88/85. Chamanganj, Kanpur Nagar.