MARDAN ALI Vs. BASTIMAL

JUDGEMENT

(1.) THIS is a second appeal by Mardan Ali and others against the decree of the Additional District and Sessions Judge No. 2 Jodhpur.

(2.) THE appellants were plaintiffs in a suit for redemption brought by them against Bastimal and Bastiram. THE case put forward in the plaint on their behalf was this.

(3.) THAT leaves the case against Bastiram defendant No. 1. He has admitted the mortgage, and strictly speaking there should be a decree for redemption against him. But it would be a futile decree, for no money that the plaintiffs might deposit will go to him, and he is not in a position to give back possession to the plaintiffs. Under these circumstances, the best course seems to be that the present suit should be dismissed, and the plaintiffs should be left to bring a suit for possession based on their title against Bastimal. In it, they should implead Bastiram as pro forma defendant to show how Bastimal came to be in possesion of the property.