TAJPAL SINGH Vs. GANGA SAHAI

JUDGEMENT

(1.) Both these are appeals by the applicants in a case under Section 12, U. P. Agriculturists' Relief Act XXVII [27] of 1934.

(2.) The appellants applied under the said section for redemption of a usufructuary mortgage dated 10.7.1928 made by their father Tikam Singh in favour of one Ganga Sahai, the original respondent, after whose death his legal representatives were brought on the record. The mortgage was for Rs. 6,337 and was executed to pay off a decree No. 140 of 1926 of the Court of the Subordinate Judge, Bulandshahr, which had been passed on foot of a simple mortgage bond dated 4-11-1920, executed by the same mortgagor in favour of the same mortgagee. This earlier mortgage too had been executed in lieu of amounts due on certain promissory notes of previous dates.

(3.) The appellants' case was that the entire mortgage money had been paid off from the usufruct of the property, whereas the mortgagee pleaded that a sum of Rs. 5059-9-7 was still due on that account from the present appellants as their rate able share of liability under the mortgage sought to be redeemed.