BHERULAL Vs. MOHANLAL

JUDGEMENT

(1.) THIS is a second appeal by defend ants -appellants Bherulal and Ambalal against the Judgment and decree, dated November 1, 1969 of the learned Additional Civil judge, Udaipur, dismissing their appeal against the judgment and preliminary decide petted by the learned Munsif Magistrate, Kanore, In favour of the plaintiffs respondents for redemption of the suit property.

(2.) THE facts relevant to the disposal of this second appeal are these According to the plaintiffs -respondents, Brijlal mortgaged with possession the suit -shop with the defendants by a registered mortgage -deed on 12 -10 -59 for a sum of Rs. 700/ -. Brijlal then sold this shop to the plaintiffs on 23 -10 -62 under a registered sale deed. On 6 -7 -65, plaintiffs served a notice on the defendants for redemption of the shop and thereafter filed a suit. It appears that Brijlal had died before filing the suit and, therefore, it was filed against defendants -appellants Bherulal and Ambalal sons of the mortgagor of the suit -shop. It was not disputed by the appellants that the shop was mortgaged with Brijlal However, the right of the respondents to redeem the property was disputed on the ground that on 11 -11 -61 Brijlal and Govinddas sold this property to them for a sum of Rs. 1200/ - and took a sum of Rs. 300/ - and agreed to execute a registered sale -deed. On 11 -10 -66, Govinddas and Banshilal executed a registered sale -deed in favour of appellants. Issue No. 1 and 2 raised on the pleadings of the parties were to the following effect:

(3.) I have heard the learned Counsel for the appellants and none was present on behalf of tire respondent and perused the record of the case carefully.