JAGESHARA Vs. ACHCHAIBAR

JUDGEMENT

(1.) These are appeals each by the defendant in a different suit, the same being for redemption of a mortgage. The plaintiffs in the suits were the same, though the defendants were different.

(2.) The suit giving rise to the appeal first mentioned was No. 629 of 1946, of the Court of the Munsif, Mirzapur, in respect of a usufructuary mortgage dated 13-11-1927, made by the plaintiffs in favour of the defendant for Rs. 900, the property mortgaged being shops. The suit giving rise to the appeal mentioned later was No. 630 of 1946 of the same Court in respect of a usufructuary mortgage dated 16-5-1925, made by the plaintiffs' father in favour of the defendant for Rs. 1000, the property mortgaged being a house.

(3.) Prior to the filing of these suits the plaintiffs had applied for redemption under Section 12, U. P. Agriculturists' Relief Act in the case of each mortgage, but the applications were dismissed on the finding that the plaintiffs were not agriculturists within that Act.