LAWS(SC)-1972-8-61

THAKUR SINGH Vs. RAM BAR AN SINGH

Decided On August 25, 1972
THAKUR SINGH Appellant
V/S
RAM BAR AN SINGH Respondents

JUDGEMENT

(1.) These three appeals are by certificate against the judgment dated 7 August, 1962 of the High Court at Patna. The High Court allowed in part the appeals filed by the appellant by decreeing in part the suit filed by the appellant for redemption of mortgages. The High Court dismissed the appellant's prayer for mesne profits.

(2.) The appellant filed three suits for redemption. Title Suit No. 54 of 1950 filed by the appellant was with respect to Ijara bond dated 21-4-1920 in favour of Ram Baran Singh for Rs. 2,300/-. Title Suit No. 55 of 1950 was filed by the appellant with respect to another Ijara bond dated 21 April, 1920 in favour of Inder Singh for Rs. 1293-12-0. The third Title Suit No. 56 of 1950 was filed by the appellant with respect to the third Ijara bond dated 21 April, 1920 in favour of Raj Kumar Mahto for Rs. 1,150/-. The bond was subsequently assigned to one Sheo Sharan Singh whose sons were defendants in that suit. These bonds were executed by Malik Nizammuddin. These three bonds were mortgage bonds in respect of certain Milkiyat share in village Keoran Mauzume Makhdumpur in the District of Patna.

(3.) The appellant was the purchaser of the Milkiyat share of Nizammuddin from his heirs by a deed dated 22 May, 1946. The appellant alleged as follows. There are bakasht lands within the said Milkiyat share covered by the Ijara bonds. These bakasht lands were the subject matter of the mortgage. After the purchase the appellant tendered the Ijara money to the respondents who were ijaradars or mortgagees. The respondents refused to accept the money. The appellant thereupon deposited the mortgage money. The appellant served notice of the deposit on the respondents. The respondents did not withdraw the ijara money. They did not deliver possession of the Milkiyat share and the bakasht lands to the appellants. The appellant therefore filed suits for redemption and for possession. The appellant also claimed mesne profits.