LAWS(ALL)-1952-2-21

CHOUTHI RAJ Vs. SUMITRA DEVI

Decided On February 04, 1952
CHOUTHI RAJ Appellant
V/S
SUMITRA DEVI Respondents

JUDGEMENT

(1.) BOTH these are applications in revision by persons seeking redemption of two mortgages, each being the subject of a separate application under Section12 of the U. P. Agriculturists' Relief Act 26 of 1934.

(2.) THE mortgages were each dated July 16, 1883, executed by Bhairo, grand-uncle of the plaintiffs 1 and 3 and Mst. Rukia, widow of a deceased brother of Bhairo. The mortgage to which the revision first mentioned relates covered certain fixed-rate plots, some bamboo clumps and a 'nim' tree, whereas the mortgage to which the other revision relates consisted only of occupancy plots.

(3.) REDEMPTION was sought on the usual allegation that the entire mortgage money in each case had been paid off from the usufruct of the property.