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Sampati Devi (Smt.) & Ors. vs. Jagannath & Anr.

48.00 4.80

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Transfer of Property Act, 1882–Sec. 60–Redemption of mortgage–Suit property was the joint property of two brothers N & G–They mortgaged it–Portion belonging to G has been purchased by defendant nos. 1 & 2–He did not institute the suit for redemption and filed the written statement as defendant no. 3–LRs. of N cannot claim the redemption of mortgage qua the share of G–They alternatively made the prayer for redemption of half portion of the property belonging to N–Preliminary decree of partition in respect of the share of N can be passed in the suit for redemption of mortgage–Findings over this issue are just and proper and deserve to be affirmed.