AMRESH PRASAD SINGH Vs. AWADH KISHORE VERMA

JUDGEMENT

(1.) Lala Gauricharan Lall had four sons, Chaturbhuj Lall, plaintiff No. 1, Makardhwaj Prasad, defendant No. 9, Mathura Prasad, defendant No. 10 and Jamuna Prasad, defendant No. 11. Braj Kishore Prasad Sinha and Ram Kishore Prasad Sinha, plaintiffs 2 and 3 were sons of plaintiff No. 1.

(2.) By registered sale-deed dated 7.11.1921 (Ext. 3), Lala Gauricharan Lall purchased 4 bighas land in plot No. 1837 at Sherghati from Kunj Bihari Lal and others. By registered sale-deed dated 1.4.1924 (Ext. 3(a), 1 1/2 bighas land in plot No. 3002 in the same village was purchased by Chaturbhuj Lall, plaintiff No. 1 from the said Kunj Bihari Lal.

(3.) Both, father and son mortgaged the aforesaid lands by registered deed dated 11.6.1927 (Ext. J) for Rs. 1,100.00 for five years with Ramdeep Singh, defendant No. 1 and Ram Narain Singh, defendant No. 5. It was an usufructuary mortgage and the mortgagors were to remain in possession till principal was paid.