HUSAN ALI AND ORS. Vs. GANGA NATH

JUDGEMENT

(1.) THIS appeal arises out of a suit for redemption. The suit was decreed by the Munsiff of Karimganj. It was dismissed on appeal by the Sub -Judge, Upper Assam Districts. Plaintiffs have appealed.

(2.) THE facts leading to this appeal are as follows. One Tilak, predecessor -in -interest of plaintiffs 5 and 6 was an occupancy tenant of the land in dispute under the superior landlord. On his death his rights in the property devolved on plaintiff 5 who was a minor at the time. His mother therefore managed the property on his behalf Tilak, deceased had left some debts. Plaintiff 6, the mother who was in charge of the property, executed a deed of mortgage in favour of defendants 1 and 2 on 11 -9 -1942 in consideration of a sum of Rs. 300/ -.

(3.) THE learned Munsiff came to the conclusion that the plaintiffs were entitled to redeem the property. The decree for redemption was passed against the contesting defendant and also against the heirs of the deceased defendant on payment of Rs. 150/ -. Defendant 1 alone appealed. The learned Sub -Judge found that Section 34, Sylhet Tenancy Act was not applicable to the case. It applied only to usufructuary mortgages and as the case was not covered by Section 34 of that Act, the suit was not maintainable.