GURUCHARAN KOERI Vs. BIBI SHAMSUNISSA

JUDGEMENT

(1.) LEAVE granted.

(2.) THE plaintiffs are the appellants before this Court. They filed a suit for redemption of mortgage bond dated July 28, 1916 executed by Gopal Mahto, the ancestor of the appellants in favour of one Akram Hussain. The suit had to be instituted when the defendant refused to accept the mortgage money, which was tendered to her. The trial Court dismissed the said suit. On appeal being filed by the appellants, the suit was decreed by the learned Subordinate Judge and the respondent was directed to withdraw the money deposited in her favour and to deliver vacant possessi0n of the land to the appellants within the time fixed by the Court, failing which the appellants were to take possession of the disputed land through the process of the Court. On second appeal being filed on behalf of the defendant/respondent, the High Court dismissed the suit on the ground that as the suit for redemption had been filed only in respect of one of the five plots, which had been mortgaged in favour of the predecessor -in -interest of the defendant, the said suit was not maintainable.

(3.) THE learned counsel appearing for the respondent, could not point out from the records of the appeal that this objection had been taken on behalf of the respondent at any earlier stage and the Courts below have gone into this question.