RAMCHARAN TULSIRAM Vs. MURLIDHAR RAMCHANDRA

JUDGEMENT

(1.) (sic) a reference made by Dixit J. this matter (sic) been placed before the Full Bench.

(2.) THE brief facts which have given rise to this re -(sic) as will appear from the order of reference (sic) follows: On 14 -6 -1952 two persons Mura -(sic) Bhagavanta mortgaged with possessors (sic) number of fields situated in the Zamindari (sic) Wareh with one Tundesingh for a consideration of Rs. 54/ - under a registered deed of mortgage. The property was liable to be redeemed on repayment of mortgage money. Thereafter the same mortgagors effected two several mortgages in respect of some other pieces of land situated in the same village for Rs. 51/ - and 384 respectively on 1 -3 -1927. Both these latter mortgages were also with possession. Similar terms consisting inter alia of a condition for redemption on repayment of the mortgage amount were also incorporated in the documents, entered into between the parties in respect of these mortgages.

(3.) DEFENCE raised on behalf of the other Defendants was evasive. They denied all knowledge about the transaction and their liability in respect of the Plaintiff's claim.