ABDUL RAHIM Vs. AHMAD ALI

JUDGEMENT

(1.) This is a defendant's revision application arising out of a suit for redemption of a usufructuary mortgage.

(2.) The facts appearing from the order of our brother Katju who has referred this case are briefly as follows: Umar Ali and Umar Gharri mortgaged villages Baski Uparhar and Baski Kachar on March 12, 1872 to Abdul Qadir for Rs. 800/-. The plaintiffs and defendants Nos. 8 to 12 are the heirs of the mortgagors. Subsequently, one Jagat Narain purchased the interest of the mortgagors in Baski Uparhar. Thereafter, the legal representatives of Jagat Narain gifted this interest to Abdul Rahman and Abdul Ghafoor on January 24, 1902.

(3.) Abdul Rahman and Abdul Ghafoor instituted a suit (No. 472 of 1921) for redemption of the entire mortgaged property in Baski Uparhar and Baski Kachhar which had been mortgaged by Umar Ali and Umar Ghani. In this suit, the predecessors of the present plaintiffs as well as the heirs of Abdul Qadir were impleaded. Paragraph 6 of the plaint read: "That the defendants 13 to 16 are owners of the mortgaged property of village Baski Kachhar and they had not joined them in the suit and so they were made pro forma defendants".