BRAHMA DIN Vs. BACHAN PERSHAD

JUDGEMENT

(1.) This is a first appeal arising out of an application for redemption under Section 12, U. P. Agriculturists' Relief Act, 1934. The facts giving rise to the case may be briefly stated as follows:

(2.) On 23-12-1889, Salik Ram and Shrimati Rukmin executed two mortgage deeds for Rs. 5,500/and Rs. 300/- in favour of three persons named Daljit, Ram Ratan and Niranjan. On 17-4-1936, one Data Ram, a successor-in-interest of the mortgagors, gifted the property in question to Brahma Din, the father of the applicant Bachan Prasad. Thus, after the death of Brahma Din the applicant became the sole representative-in-interest of the original mortgagors. He gave this application impleading 18 persons as opposite-parties. These 18 persons are the successors-in-interest of the three original mortgagees. The two mortgage transactions in respect of which the application for redemption was given appear to be mortgages by conditional sale. Under the terms of the said deeds the mortgagees were put in possession of the mortgaged property and they were entitled to take its profits in lieu of interest. The period given in the mortgage deeds was 40 years. The applicant filed the application under Section 12, U. P. Agriculturists' Relief Act, on 17-11-1944, alleging that the entire mortgage money relating to the two mortgage deeds had been paid off from the profits of the property realised by the mortgagees and that a huge amount remained due to him. He accordingly prayed for a decree for redemption in respect of the mortgaged property without payment of any dues.

(3.) The application for redemption was resisted by the opposite-parties on various grounds, all of which were decided against them by the trial Court. The trial Court decreed the suit for redemption without payment of any amount by the applicant. Dissatisfied with the judgment of the trial Court, 16 opposite-parties filed this appeal in this Court impleading Bachan Prasad, the applicant, as respondent 1 and the two remaining opposite-parties as respondents 2 and 3.