DURGALAL Vs. HARI RAM

JUDGEMENT

(1.) This is the defendant-mortgagee's appeal under Section 18 of the Rajasthan High Court Ordinance No. 15 of 1949 directed against the judgment of the learned Single Judge of this Court, dismissing the S. B. Civil Misc. Appeal No. 46 of 1970.

(2.) As the controversy between the parties has been reduced to a narrow compass, only the material facts necessary for the decision of this appeal need to be recorded.

(3.) Asharafi Lal (deceased) and Narainlal filed a suit in the Court of Civil Judge, Bundi against Durgalal petitioner and his sons as well as against Gopal Lal for redemption of certain properties. The learned Civil Judge by his judgment dated May 16, 1962 passed a preliminary decree for redemption of mortgage in favour of the plaintiffs.