KRISHNA GOPAL Vs. BACHHULAL

JUDGEMENT

(1.) This is a defendant's appeal directed against judgment and decree . D/-4-3-1974, recorded by Sri Prem Singh, learned 1st Temporary Civil and Sessions Judge, Gorakhpur in Civil Appeal No. 200 of 1973 by which he dismissed the appeal with costs and affirmed the judgment and decree D/-22-5-1973 recorded by Sri S. K. Saxena, learned IIIrd Additional Munsif, Gorakhpur in (Original Suit No. 178 of 1968) for redemption of a mortgage with possession.

(2.) On 23-10-1905, Ram Prasad, father of plaintiffs, executed a mortgage deed of disputed house detailed at the foot of plaint situate in Kazipur street of Gorakhpur City for a sum of Rs. 125/- in favour of Baldeo, ancestor of defendant-appellant. It was a usufructuary mortgage for a period of sixty years on the terms and conditions as laid in para 2 of the plaint.

(3.) Mortgagee was free to repair and reconstruct the house and redemption was made subject to payment of the mortgage money, the costs of repairs and construction together with interest at the rate of two percent per month. Accounts were to be maintained by the mortgagor of the sum due under the mortgage deed, Ext. 2.