Court : Rajasthan
Reported in : AIR1973Raj123
Kan Singh, J. 1. This is a plaintiffs' appeal directed against the judgment and decree of the learned Additional District Judge, Sirohi dated 28-4-1969 dis-missing the plaintiffs' suit for recovery of money on the foot of a mortgage. It raises the question about the validity of the attestation on the mortgage deed as also regarding the mode of proving the execution of the mortgage deed. 2. Plaintiffs Nos. 1 and 2 were father and son respectively. Deceased Pratap Chand was appellant Tara Chand's father. According to the plaintiffs, de-fendant No. 1 Kesrimal acting for himself and for and on behalf of his minor eons defendants Nos. 2 to 5 executed & mortgage deed for a sum of Rs. 12,000/- on 23-7-1954 in favour of the plaintiffs Nos. 1 and 2 and Tara Chand's father Pratap Chand. The mortgage deed was got registered the same day. According to it, a house and a shop described in para 1(b) of the plaint were mortgaged and the possession of the mortgaged property was handed over to the mortg...
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