BABU RAJNARAIN SINGH Vs. GANESH BIND

JUDGEMENT

(1.) THIS appeal and the connected revision arise out of two connected suits, namely, original suit No. 27 of 1945, connected with original suit No. 297 of 1945. Both the suits were consolidated in the trial Court and were disposed of by one common judgment. On appeal the lower appellate court also disposed of the two connected appeals by one common judgment. Against the judgment of the lower appellate court the instant second appeal and the connected revision have been filed. The second appeal arises out of original suit No. 297 of 1945 and the connected revision arises out of the original suit No. 27 of 1945. The said suit No. 27 of 1945 was initiated by an application under S. 12 of the U. P. Agriculturists Relief Act whereby the plaintiffs claimed possession over the mortgaged property after redemption of certain mortgages. Against the judgment whereby the said application was disposed of an appeal lay to the lower appellate court but, it seems, no second appeal lay against the judgment of the lower appellate court and hence a revision was filed against the judgment of the lower appellate court. On the other hand, original suit No. 297 of 1945 happened to be a regular suit between the parties which resulted in a decree and, therefore, the connected second appeal was filed in this Court against the judgment of the lower appellate court.

(2.) THE brief facts involved in the litigation are these : On 28th May, 1936, fourteen persons executed a sale deed for Rs. 16,000/- in favour of Rajnarain and Udainarain who are the defendants-appellants before me in the second appeal and applicants Nos. 1 and 2 in the connected revision. THEse two persons were defendants Nos. 1 and 2 in the original suit No. 297 of 1945 wherein the plaintiff sought the cancellation of the aforesaid sale deed dated 28th May, 1936. THEse two persons, namely, Rajnarain and Udainarain were the applicants Nos. 1 and 2 in the redemption suit No. 27 of 1945. By the aforesaid sale deed 43 bighas and odd fixed rate tenancy land was sold to the said two purchasers and the bulk of the sale consideration was left with the vendees for redeeming the prior usufructuary mortgages, four of which had been executed on 30th of Oct. 1907, and the redemption of three of which was claimed by Rajnarain and Udainarain in the redemption suit. One Sakal Bind had four sons by names Todar, Hoal, Sahai and Bhagwan. THE plaintiffs in suit No. 297 of 1945 and the defendants second set in the said suit are the descendants of the said four brothers. THE details of the four usufructuary mortgage deeds which were executed on 30th Oct., 1907 are as follows :- 1. Todar' s son Padarath executed the deed for a sum of Rs. 2,099/15/-. 2. Another mortgage deed was executed by Hoal' s son for Rs. 3,199/16/-

(3.) THE applicants in suit No. 27 of 1945 sought to redeem the first three mortgage deeds detailed above. Possession of the mortgaged property was sought after the redemption of the mortgage deeds. As has been stated above, the said suit No. 27 of 1945 was one under S. 12 of the U. P. Agriculturists Relief Act.