MOTILAL Vs. BASTIMAL

JUDGEMENT

(1.) THIS is a defendants' second appeal and arises out of a shop redemption on payment of Rs. 100/-.

(2.) THE suit involves a reference to two mortgage deeds Ex. D1 - A and Ex. D1 - B. THE plaintiff based his suit on Ex. D. 1a which was executed on Bhadwa Vad 1 Samwat 1946 by Alamchand and his father in favour of Hansraj, Shrichand ancestors of the defendants for the sum of Rs. 100/ -. THE defendants admitted this mortgage but pleaded that there were further dealings between the parties and another mortgage Ex. D. 1b was executed on Jeth Vad 15 Samwat 1980 according to which the total amount due was fixed at Rs. 480/- as per detail below:- Rs. 301/- without interest. Rs. 179/ - with interest at -/7/9 per cent per mensem. Rs 480/- Total