JULAM MISSIR Vs. PRADIP MISSIR

JUDGEMENT

(1.) This appeal by defendants Nos. 1 to 4 arises out of a suit for declaration of the title to, and recovery of possession over, properties, described in schedules B, C and D attached to the plaint. The plaintiffs have also filed a cross objection.

(2.) Defendant No- 5 is the widow of one Ramkhelawan. Plaintiff No. 1 the father of plaintiff No. 2 i9 Ramkhelawan's brother.

(3.) Defendant No 1 had executed a mortgage bond (exhibit 4/b) in respect of the property described in Schedule D in favour of Ramkhelawan on the 24th July, 1933. On the 29th October, 1945, defendant No. 5 executed a receipt (exhibit F) in favour of defendant No. 1 acknowledging payment of the dues under that mortgage bond. On the same date, defendant No. 5 executed a bharna bond (exhibit 4/a) in respect of the property described in Schedule C in favour of defendants Nos. 2 and 3. On the 4th February, 1946, defendant No. 5 executed a sale deed (exhibit B) in respect of the property described in Schedule B in favour of defendant No. 4. These facts are not in dispute.