EHSANALI Vs. KIKABHAI

JUDGEMENT

(1.) THIS second appeal is filed by Defendant 1, Ehsan Ali, against a decree dated 4 -8 -53 passed by the Additional District Judge, Shajapur, in appeal, modifying the decree, of the trial Court. The suit relates to a mortgage -deed executed on 17 -4 -1921 by Plaintiff, Respondent 2, Mulla Abdul Husain. in favour of the Appellant for a sum of Rs. 1,000.

(2.) MR . Patankar, on behalf of the Respondent, in justification of the order passed by the Additional District Judge, contends that the effect of sale of the Appellant's mortgages interest was to destroy the equity of redemption in the mortgage property and there is no doubt about it as regards his interests upto Rs. 250.