RESHAM RAI Vs. UNION OF INDIAMAINI DEVI

JUDGEMENT

(1.) The first party defendants in a suit for redemption of an usufructuary mortgage are the appellants before me.

(2.) The mortgage in question was created on the 20th January, 1930 in respect of 3 bighas 6 kathas 3 dhurs comprised in plots Nos. 3955 and 3958 appertain-ing to khata No. 382 in village Simaria. The due date for redemption was 30th Baisakh 1343 Fasli, corresponding to 1936. The rental of the mortgaged property was Rs. 7/- including cess.

(3.) Shortly after the mortgagee, namely Ramsarup Rai, was put in possession, some persons obtained a monev decree against the mortgagors, namely Kallar Poddar and others and executed the said money decree against the mortgaged property, besides other properties of the Judgment-debtors, and auction purchased the mortgaged property and obtained formal delivery of possession thereon on the 2nd August, 1935.