GYARSU BARIK PAWAR Vs. DEOKI MUNNALAL

JUDGEMENT

(1.) THIS is a second appeal by the plaintiffs arising out of a suit for redemption of a mortgage.

(2.) THE plaintiffs-appellants are heirs and successors of Sadhu and Budhu, since deceased, who were the owners of Khasra No. 190 area 4. 97 acres and khasra No. 156 area 6. 05 acres in Mouza Andharia, tahsil Multai, district betul. On 7-2-1898 Sadhu and Budhu had executed a usufructuary mortgage of the aforesaid land in favour of Laxmichand for Rs. 300 by a registered mortgage deed vide Ex. P-6. On 30-9-1907 they executed a second mortgage in respect of khasra No. 190 which was a simple mortgage, in favour of Mohanlal for a consideration of Rs. 300 by a registered mortgage deed Ex. P-3. As Laxmichand was dispossessed he filed a suit for possession and also for foreclosure of the first mortgage in his favour. The second mortgagee Mohanlal was not made a party to the suit. On 5-7-1911 the suit was decreed and a final decree for foreclosure as well as for possession was passed in favour of Laxmichand vide ex. P-2. Subsequently Mohanlal filed suit against Laxmichand for redemption of the first mortgage. To this suit the mortgagors or their legal representatives were not joined. On 12-4-1912 a preliminary decree for redemption was passed which was followed by a final decree for redemption Ex. P-3. So far the facts are not in dispute.

(3.) THE plaintiffs filed the present suit against the defendants-respondents for redemption, possession and mesne profits. Defendants 1 and 2 are the legal representatives of Mohanlal while defendants 3 to 5 are purchasers of the property in dispute from the defendant No. 1.