TULARAM Vs. KISHORILAL

JUDGEMENT

(1.) THIS is an appeal by an unsuccessful Plaintiff in a suit for redemption. On 23 -8 -1941 one Narendradutta mortgaged with Kishorilal and his brother Ramsewak a piece of land situated in Dabra mandi for Rs. 50 agreeing to pay Rs. 2 per cent per month as interest. The mortgage deed contained a clause which provided that the mortgagees would be regarded as absolute owners of the property at the end of one year, should the mortgagor fail to redeem within that period, and that thereafter the mortgagees will be entitled to put up any construction they liked on the land. The mortgage debt was not paid within the stipulated period.

(2.) IN this appeal Mr. Ravidutta Sharma contended that the term in the mortgage deed that on the mortgagor's failure to redeem the property within one year, the mortgagees would become the owners of the land, was a clog on redemption and absolutely void and that, therefore, Narendradutta's right to redeem the property could not be extinguished merely because of his default to redeem within the agreed period; and that, therefore, Tularam the purchaser of the equity of redemption was entided to redeem the mortgage which was subsisting.

(3.) MR . Ravidutta Sharma for the Appellant conceded before me the liability of the Plaintiff to pay the value of the constructions put by the mortgagees on the land in redeeming the property. On the question of the value of these constructions the evidence on record and the finding of the lower Courts are not clear and satisfactory. The evidence is mostly to the effect that the mortgagees purchased material worth Rs. 5,000 for the construction. What was required was evidence about the value of the constructions actually put up and standing on die land on the date of the institution of the suit.