LAWS(BOM)-1947-3-2

JAN MOHAMMAD Vs. KARAM CHAND

Decided On March 13, 1947
JAN MOHAMMAD Appellant
V/S
KARAM CHAND Respondents

JUDGEMENT

(1.) THESE are consolidated appeals by the plaintiff, defendants Nos. 4 to 8, and Mohib Ali, a transferee from defendants Nos. 13 and 14, from the judgment and decrees dated May 29, 1941, of the Court of the Judicial Commissioner, North West Frontier Province, Peshawar, varying the judgment and decrees dated October 81, 1939, of the Court of the District Judge, Peshawar, which in turn varied a judgment and decree dated; December 3, 1938, of the Senior Subordinate Judge, Peshawar, as a result of which, the plaintiff and defendants Nos. 13 and 14, were given decrees for the redemption in specified "shares in the property in dispute with the exception of the site leased by Government to Parma Nand (father of defendants Nos. 4 to 8) in 1934", on payment of specified sums of money.

(2.) THE appeals arise out of a suit for the redemption of mortgages executed by a Mahomedan, Chaudhri Nathu. Broadly stated, the questions arising for determination relate to who are the representatives of the mortgagor, he being dead, entitled to redeem the property; whether the property is liable to be redeemed at all; what is the extent of the interests of the representatives in the property to be redeemed; and whether the Cinema built on the site 'excepted' by the decree, by the father of defendants Nos. 4 to 8, should not be delivered to the plaintiff.

(3.) CHAUDHRI Nathu, the mortgagor, died in 1880. The plaintiff purchased the equity of redemption in the property in 1985, from defendants Nos. 11 and 12, the sons of Mst. Mohammadi Begum the daughter of CHAUDHRI Nathu, alleging that she was his sole heir, and after her death defendants Nos. 11 and 12 became the owners of the property; and instituted the suit for redemption out of which the consolidated appeals arise. Mst. Mohammadi Begum died on September 12, 1891.