BHAJANDAS Vs. NANURAM

JUDGEMENT

(1.) This is a second appeal in a suit for redemption.

(2.) One Prayagdas and his son Budhraj mortgaged a house with Hukamdas as a security for the loan of Rs. 1,500/- on Besakh Vadi 12, Smt. 1984 (17-4-1928). Prayagdas delivered possession of the property to the mortgagee and executed a lease of the same in favour of the latter at a rent of Rs. 15/- per mensem. Prayagdas had another son Deo Kishen who had died in his lifetime leaving a widow Shrimati Suraj Kanwar. Suraj Kanwar adopted Nanuram on 20-3-1929. Budhraj died leaving a widow Mst. Shanti. Hukamdas sued Prayagdas for arrears of rent and a decree was passed on 15-121931 against Mst. Suraj and Mst. Shanti as legal representatives of Prayagdas and in execution of that decree the house was put up for sale. Mst. Suraj Kanwar applied to the court for permission to raise money on security of the house and on such permission being granted. Suraj Kanwar mortgaged the house for Rs, 600/to Chhotmal 9n 5-6-1934. In the meantime, Hukamdas died and his son Jethmal assigned his mortgagee rights in the property to Chhotmal on 16-4-1944. Chhotmal sub-mortgaged his rights under the two mortgages to Samarathmal on 14-8-1944.

(3.) On 21-11-1944, Nanuram, the adopted son of Deokishan, brought a suit for redemption of the first mortgage which had been made in favour of Hukamdas and assigned to Chhotmal. During the pendency of the suit, Chhotmal 'sub-mortgaged the property a second time with Bhajandas and paid off Samrathmal on 27-51945. Bhajandas also took a sale deed of the property from Mst. Suraj Kanwar for Rs. 6,000/- and thereafter made an application for being made a party to the suit. The application was allowed whereafter Ehajandas filed his written statement and took several pleas by way of defence to the suit one of which was that Nanuram's adoption by Mst. Suraj Kanwar was not valid as there had been no ceremonies of giving and taking. The trial Court decreed the suit for redemption on payment of Rs. 1,500/-. On appeal, the decree was modified by increasing the amount to Rs. 1,594/3/-.