SHEO BALAK Vs. SARABJIT SINGH

JUDGEMENT

(1.) On 5-1-1917, Lal Bahadur, Sant Bux Singh, Bhagwan Bax Singh and Gajadhar Singh, mortgaged some property to Hardat Singh to secure a loan of Rs. 1,800 which they took from him. Out of this sum Rs. 1000 was to be paid to Lal Bahadur and the other three mortgagors were to get Rs. 800.

(2.) The money payable to Lal Bahadur was not paid to him bat it was utilised by the other three mortgagors. Lal Bahadur pressed for payment but, since his co-mortgagors could not pay it in cash, they on 6-1-1917, executed a mortgage leed in Lal Bahadur's favour by which they hypothecated 41 bighas 11 biswas 15 biswansis of land belonging to them and delivered possession 60 the mortgagee.

(3.) On 11-1-1945, Sarabjit Singh, Hansraj Kaer and Janak Kaj Kuer, the successors of Sant Bux Singh, Bhagwan Bux Singh and Gajadhar Singh, applied under Section 12, U. P. Agriculturists' Relief Act, against Sona Kunwar, Nanda Sheo Balak and Lotawan, the successors-in-interest of Lal Bahadur for redemption of the mortgaged property. They did not make any deposit for payment to the mortgagee because they alleged that, on accounting in accordance with the provisions of the Debt Redemption Act, the entire debt would be found to have been discharged out of the usufruct of the mortgaged property.