BAI DEVMANI Vs. RAVISHANKAR OGHADBHAI

JUDGEMENT

(1.) This is a second appeal preferred by the original plaintiffs against the judgment of the District Judge at Ahmeda-bad, who reversed, so far as plaintiffs Nos. 2, 3 and 4 were concerned, the decree of the Second Joint Subordinate Judge at Ahmedabad and dismissed their claim to redeem the property in suit from respondent No. 2.

(2.) The suit was brought by the plaintiffs against one Bai Ishwari and defendant No. 2 (respondent No. 1 herein) as the heir and legal representative of one Shuklal Oghad Dosabhai claiming to redeem from Bai Ishwari on payment to her of Rs. 599 the property in suit which was in her possession as mortgagee and for a declaration against respondent No. 1 that a certain sale deed obtained by his father Shuklal Oghad Dosabhai in respect of the property was nominal and null and void.

(3.) Bai Ishwari having died during the pendency of the suit respondent No. 2 and his father Govindlal, were" substituted as her heirs and legal representatives, Govindlal having since died respondent No. 2 is now the sole representative of the interest of the original mortgagee in the property.