JANKI Vs. GANESH RAM

JUDGEMENT

(1.) This is an appeal and cross-objection against the judgment and decree dated 15th April 1964 passed by the Civil Judge, Ballia decreeing the suit for redemption of mortgage dated 9th September 1947 on payment of Rupees 28,200/-.

(2.) The facts giving rise to this appeal are that plaintiff Ganesh Ram used to carry, on business at Ballia in the name of Durga Ram Ganesh Ram. Defendants I and II set belong to the same family and their business used to be carried on in the name of Devdutt Pandey Kapildeo Pandey. Defendants Illset's business used to be carried on in the name of Lachchu Bhagat Sarju Prasad. The plaintiff used to look after the businesses of defendants I and II set and defendants III set. The plaintiff was the owner of the disputed property situated in the Municipal limits of Ballia. The total area is 46 acres. There is a built portion over a considerable part.

(3.) On 9th September, 1947 plaintiff executed deed Ex. A-1 whereby he transferred the disputed property in favour of defendant No. 1 Mst. Daulata Kuer, the ancestor of defendants II set for a sum of Rs. 45,000/-. Out of the sum of Rupees 45,000/- a sum of Rs. 28,200/- was paid in cash before the Sub-Registrar and the balance of Rs. 16,800/- was left with the defendants II set for payment to the Imperial Bank. It was provided that in case the plaintiff paid a sum of Rs. 45,500/- by 30th June, 1950, Mst. Daulata Kuer would re-convey the property to him and in case of her failure to do so, the plaintiff could obtain a re-conveyance through Court.