CHUHA ETC. Vs. BHAG SINGH ETC.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and decree of our brother Chet Ram Thakur, J. arising out of a suit for redemption of land.

(2.) Two brothers, Sudama and Sadhu, mortgaged 71 bighas of their land for Rs. 100 in favour of Chuha, Gangu and Gokal in 1960 Bk. On Sudama's death, Sadhu became owner of the entire estate and, therefore, the sole mortgagor. Subsequently Sadhu also died. He left three sons Govind, Bohra and Samandu. On the side of the mortgagees, Gangu and Gokal died without issues and Chuha became entitled to the mortgagee interest. Govind and Bohra sold the equity of redemption in respect of their 2/3rd share to Achhru and Nand Lal, sons of Chuha, on January 21, 1958. Achhru and Nand Lal redeemed their 2/3 share, thus leaving Chuha as mortgagee in respect of a 1/3rd share measuring 23 bighas and 16 biswas. Samandu, whose 1/3rd share remained in mortgage, died leaving the Plaintiffs as his heirs.

(3.) The Plaintiffs brought a suit for redemption of the land, claiming that it was a usufructuary mortgage and that having regard to the profits already enjoyed by the mortgagees from the land they were entitled to redemption without payment of money.