NETLAL SAH Vs. UCHESHWAR JHA & OTHERS

JUDGEMENT

(1.) THIS is an application by the pltf. for leave to appeal to the Supreme Court under S. 109, Civil P. C. from a judgment and decree of an appellate bench of this Court modifying the decree of the trial Court.

(2.) THE suit was for redemption of a usufructuary mortgage for a sum of Rs. 7,500. There was also a claim for mesne profits, the claim for the period antecedent to the institution of the suit; being tentatively valued at a sum of RS. 250.

(3.) THE pltf.'s case is that he made a deposit of the mortgage money under s. 83, T. P. Act, and although a written notice of the deposit was duly served on the mortgagees, they did not give up possession &, therefore, their possession of the mortgaged property, after the service of notice, was wrongful.