MAITHAM BANIA Vs. RITU KAIVARTA AND ORS.

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Additional Sub -Judge, L. A. D., dated 23rd November 1949 by which the order of the trial Court decreeing plaintiff's claim was affirmed. Defendant has appealed.

(2.) THE suit was for redemption of a mortgage alleged to have been made by a registered instrument for a sum of Rs. 80 in 1937. The proparty in question was 5B 14 Ls. of land. It was prayed that redemption be allowed without payment of the mortgage money as the mortgage had been extinguished by operation of law, viz., under Section 9, Assam Money lenders' Act as amended by Act VI [6] of 1943.

(3.) THE trial Court found that the mortgagee had been in possession for 9 years from the date of the mortgage. The usufruct of the land for 9 years was, according to the learned trial Judge, more than double the consideration of the mortgage. Plaintiff was thus found entitled to a decree for possession of the property without payment of the mortgage money.