(1.) THE plaintiff's suit for redemption of a mortgage has been dismissed by the trial court, and this judgment has been upheld by the lower appellate Court He, therefore, comes in Second Appeal to this Court. The mortgage-deed (Ex. P-1) is dated 20th February 1022. The plaintiff is the assignee of equity of redemption from the original mortgagors and he purchased the mortgaged property by a sale-deed dated 7th April 1947 (Ex. P-2 ). The defendants are mortgagees. The property mortgaged under this mortgage-deed was khasra No. 198 and khasra No. 207. The latter (khasra No. 207) has come to the mortgagors hack in 1936 by some private agreement, and this is not the subject-matter of dispute. The right to redeem khasra No. 198, area 51. 72 acres, is contested. The consideration For the mortgage was Rs. 5000 and it was stipulated that the profits of the property mortgaged would go towards interest. The principal amount was payable after the expiry of a period of 80 years, and it was further stipulated that money would be payable only in the month of Baisakh. The plaintiff contended that these two conditions constituted clog ob the equity of redemption, and, therefore, he came for redemption of the mortgage after 34 years. Both the courts below have expressed the view that the two conditions in the mortgage-deed do not constitute clog on the equity of redemption, and therefore, the suit has been dismissed.
(2.) THE learned counsel on either side have cited many rulings, each supporting his view.
(3.) IN my opinion, the second condition that money would be payable only in the month of Baisakh cannot be said to be a clog on the equity of redemption. I am supported in this view by a ruling of the Allahabad High Court, reported in Kripal singh V. Sheoambar Singh, AIR 1930 All 283 (A), in which there was a stipulation that there should be no redemption except in the month of Jeth. It was held in this case that such a provision was not a clog on the equity of redemption, inasmuch as the intention of the party obviously was to permit redemption at a time when the crops were not standing.