SHEOBALAK MISRA Vs. SURAJ PRASAD

JUDGEMENT

(1.) These three appeals arise out of a suit for redemption brought by the heirs and representatives of one Dhunilal Tewari of Jharsuguda in Sambalpur district, who died on the 3rd June 1934 leaving his widow Mst. Rajarani as his heir to the suit properties. She died issueless a few months later in the year 1935. In 1936, Dhunilal's brother, Lalita Prasad Tewari, filed Title Suit No. 38 of 1936, in the Court of the Subordinate Judge, Sambalpur, against the defendants in the present suit and Durga Prasad Misra (since deceased), alleging that they were in wrongful possession of the suit lands and praying for a declaration of their title to and recovery of possession of the suit lands as well as some other lands from the defendant.

(2.) The allegation made by him in the plaint was that the defendants had trespassed on the suit lands subsequent to the death of Mst. Rajarani and were liable to be ejected. The plea of the defendants was that Dhunilal had borrowed a sum of Rs. 1000/- from them sometime in the year 1919 and had mortgaged the suit lands to them with possession, under an oral mortgage. They also set up an oral gift of the equity of correctness of the District Judge's order. M. A 40 of 1949 is an appeal by the defendants claiming a higher amount towards mesne profits than that awarded by the District Judge.

(3.) The second appeal and the two miscellaneous appeals were heard together and are disposed of by this judgment.