K. IBOHAL SINGH Vs. IBOYAIMA SINGH AND ORS.

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 21.12.1978 passed by the District Judge, Manipur, in civil appeal No. 1 of 1977 setting aside the judgment and decree dated 23.12.1976 passed by the Munsiff, Imphal (East) in O.S. No. 39/71/28/72/140/72 of 1973. At the time of hearing of this appeal, the learned Counsel for the appellant has raised the following question of law :

(2.) For the purpose of this appeal the facts may be stated as follows:

(3.) After getting settlement of the said site, the deceased plaintiff built a drum sheets roofed house on the eastern part of the said shop site for keeping building materials. Thereafter, he commenced construction of a puca shop house and for that purpose he borrowed money at intervals from appellant's father late K.K. Singh, amounting to Rs. 2,500.00. He also took a loan of Rs. 4000.00 from Mahawar by mortgaging the shop site under a registered deed. The arrangement was that the said loan would be adjusted from the rent of the shop that would be let out to him on completion of the house. The plaintiff late C.I. Singh constructed two storied building measuring 2T-6" in breadth and 31'-3" in length on the shop site. He set apart one room on the ground floor for letting out of late K.K. Singh towards the repayment of the loan taken from him, from the rent. The said room is on the northern side measuring 8' in breadth north to south and 31'-6" in length west to east. The remaining portion on the ground floor was let out to the mortgagee, S. Mahawar similarly for repayment of the mortgaged money.