MOHAN CHANDRA DATTA Vs. DINAI KEOT AND ORS.

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree of the Subordinate Judge's Court, Upper Assam Districts at Jorhat, dated 27 -10 -60 reversing the judgment and decree of the Munsif of Jorhat dated 31 -5 -60.

(2.) THE facts of the case may be briefly stated; The Appellants father mortgaged the suit land in the year 1925 in favour of the first Defendant in the suit, the mortgage being an usufructuary one. It is claimed in the plaint that the suit has been brought by the Appellant as having succeeded to the original mortgagor on his death. He avers that the mortgagee was to continue in possession of the lands, pay the land revenue and to adjust the usufruct of the land against the interest. On 18 -6 -38 the suit property was sold for the recovery of Government land revenue which had fallen into arrear and was purchased by Defendant No. 12 in the suit, for Rs. 40/ -.

(3.) THE learned Munsif, who tried the suit, framed a number of issues. He held that tho Defendant No. 1 made wilful default in the payment of the Government land revenue and caused the land to be sold in revenue sale and purchased the same through the Defendant No. 12, who was his benamidar. He, further held that the mortgage which was executed as far back as 1925 must be deemed to have been redeemed by virtue of the Assam Money Lenders Act which allows a period of 12 years for automatic redemption by way of adjustment of the usufruct, and, as the Defendant had enjoyed the suit land which was rupit (cultivable) land, for over thirty years, and so holding the learned Munsif allowed redemption without payment On these findings the learned Munsif. decreed the suit for redemption of the mortgage and for khas possession and directed each party to bear their own costs.