KHYALIRAM GOPAL PORWAD Vs. ONKARLAL CHUNNILAL AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of a suit for redemption of a house alleged to have been mortgaged with possession by one Bhayyaji s/o Kanaji to one Keshavram for Rs. 71 on 16th August 1926 (shrawan Sudi 8 Samvat 1983). The Plaintiff Onkarlal and his sons and grandsons are Plaintiffs claiming to be the heirs of Bhavaaji. Defendants Nathulal and his minor son, Bherulal are heirs of mortgagee and Khyaliram and his minor sons have been impleaded as licensees of Keshavram, the uncle -in -law of Khyaliram.

(2.) NATHULAL denied liability contending that he was separate from his brother Kesharam and had nothing to do with the alleged mortgage. Khyaliram denied the mortgage as also the heir ship of the Plaintiffs and claimed ownership by adverse possession. In Para 7 of his written statement, he alleged that about fifteen years ago, he found the house entirely dilapidated and since vacant land in the village was considered to be Government property, he occupied it and constructed the present house on it on the advice of Keshavram at a cost of about six or seven hundred rupees. He claimed Rs. 700 as compensation if the Plaintiffs were held entitled to redeem the property. He declined to be the guardian of his minor Bona, and Mr. Ratnavat who was appointed guardian virtually adopted Khyaliram's de fence. The suit was tried on the following issues:

(3.) WHETHER Defendants 4 to 7 are liable for the Plaintiff 's claim?