HAR NARAIN Vs. SRI RAM

JUDGEMENT

(1.) This is a defts'. second appeal in a suit for accounting under section 33, U. P. Agriculturists' Belief Act, read with Section 9, U. P. Debt Redemption Act.

(2.) One Mohan Singh executed a usufructuary mtge. on 31-10-1901, for a sum of Rs. 199/- in favour of Beni Prasad & Mangal Prasad. The mortgaged property consisted of 11 Biswansi, 14 Kachwansi, 9 Nanwansi & 11 7/9 Athwansi zamindari share including two groves in village. Kalauli, pargana Halamau, tahsil Sandila, district Hardoi. After the execution of the mtge. two deeds of further charge were executed by Mohan Singh in favour of the mtgees. - one on 20-8-1902, for Rs. 50/- and the other on 6-6-1902,, for Rs. 40/-. The original mtgor. Mohan Singh died & was succeeded by his widow, Srimati Ram Kuer. The latter transferred the mortgaged property, with the exception of certain specific plots including one of the groves & the trees standing, thereon, in favour of the pltf. respondent by means of a sale deed dated 18-8-1911. In the sale deed executed by Srimati Ram Kuer no amount was left with the vendees for payment of the amount due under the usufructuary mtge. & the deeds; of further charge. Indeed, no mention of any of the encumbrances was made & the property was sold free from these encumbrances. The original mtgees. also died & the defts. applts. are their legal representatives.

(3.) The pltf. respalleged that the original mtgor. was an agriculturist on the date of the loan & that he (the pltf.) was also an agriculturist, on the date of the suit & that he was entitled to the benefit of the Agriculturists' Relief Act & the Debt Redemption Act & claimed accounting in accordance with the principles laid down Under section 9, Debt Redemption Act. According to him the entire mtge. debt had been paid off. The deft, l alone contested the suit on the ground that the pltf. being a transferee, had no right to get the benefits of the Debt Redemption Act, because the loan had ceased to be a loan in his hands, & further the profits of the property were meagre & that the whole of the debt advanced under the principal mtge. as well as under the two deeds of further charge was still due & payable.