MISRIMAL Vs. SHIVDAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Civil Judge, Jodhpur, dated the 31st March, 1952, in a suit for redemption of mortgage.

(2.) THE plaintiff appellant Misrimal and other are the assignees of one Mst. Magi who was the legal representative of Ganeshmal. Ganeshmal give a mortgage in respect of two shops situate in Bilara to Chunnilal, Ganeshmal and Ratanraj by a deed dated Chait Vadi Svt. 1970,for a sum of Rs. 1451/ -. THE defendant respondent is an assignee from the mortgagees. THE mortgage was usufructuary and possession on the two shops had been handed over to the mortgagees and the defendant is now in possession thereof by virtue of his having stopped in the shoes of the original mortgagees. THE case of the plaintiffs was that the real consideration which has been advanced by the mortgagees to Ganeshmal was a sum of Rs. 1036/- only and that it appeared from the mortgage deed itself that the balance of Rs 415/- was stated therein as "teekha Aank" and therefore, was nothing but fictitious and so the plaintiffs were entitled to redeem the shops on payment of Rs. 1036/ only. THE plaintiffs also stated that they had given a notice to the defendant to allow redemption on payment of the above mentioned amount but the defendant paid no bead and, therefore, they were compelled to bring the suit.