POKAN Vs. AZIZ AHMAD KHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the Civil Judge, Mirzapur, dated July 25, 1981.

(2.) THE facts relevant lie within a narrow compass. On April 25, 1921, the plaintiff executed a registered mortgage in favour of the predecessor-in-interest of the defendants in respect of the property specified in the plaint for a sum of Rs. 275/- only. THE period specified in the deed of mortgage for redemption was fifty years commencing from the date of the execution of the mortgage. THE suit for redemption by the plaintiff giving rise to this appeal was instituted on July 7, 1971. This was contested by the defendants on various grounds, including that the same was barred by limitation. THE trial court decreed the suit on May 8, 1978. THE appeal filed by the defendants against the decree was dismissed by the lower appellate court on July 25, 1981 which found also that the suit was within limitation.

(3.) THE other contention raised by the appellants' learned counsel is that the defendants appellants raised certain constructions over the land transferred under the mortgage and hence they are entitled to be reimbursed as provided in section 63-A (1) of Transfer of Property Act. Section 63-A (1) lays down that where mortgaged property in possession of the mortgagee has during the continuance of the mortgage been improved, the mortgagor upon redemption shall, in the absence of a contract to the contrary, be entitled to the improvement and the mortgagor shall not, save only in cases provided for in sub section (2) be liable to pay the cost thereof. Sub-section (2) of section 63-A reads as under ;