hey everyone, This is my first moot court competition and the brief of facts are as follows:
A&B jointly own a house and mortgages it to Mr.X for 8000 rupees this mortgage is an ostensible sale(Mortgage with conditional sale) and the term is 5 years but they couldn't make the payment as the term was to expire. Mr. Y who was in good relations with A&B came to their rescue and payed Mr. X his amount with interest and went into a same contract with A&B (ostensible sale) for a term of 10 years and after 3 years mutated electricity and water bills in his name by showing that ostensible sale deed then he also served notice to A&B to pay arrears and also vacate the house of which he got a reply form A& B saying that they were the owners of the house and the deed id a mortgage not an absolute sale deed. both A&B died now C their legal heir is in the possession of the suit property and she filed a suit for redemption of mortgage but it was rejected by II Additional Civil Judge (Senior Division) Agra, her appeals in First Addl. District Judge, Agra, and High Court of Allahabad were also dismissed. Now the matter is in front of the Ho'ble Supreme Court.
Plz suggest arguments and Issues.
Plz also read full problem in attached file..Hurry last date tomorrow
