DUNDBAHADUR SINGH Vs. DURGA PRASAD SINGH

JUDGEMENT

(1.) This appeal by defendant first party is directed against a decision of the Additional District Judge, Motihari, decreeing a suit for the redemption of a usufructuary mortgage.

(2.) Plaintiffs first party are a joint Hindu family. Plaintiff second party and defendants second party are another joint Hindu family. The two joint families are the transferees of the rights of the mortgagor, and the right of the plaintiffs as transferees to sue for redemption is not challenged. Defendants appellants are the descendants of the mortgagee and are also a joint Hindu family. The mortgage in suit was executed on 14-10-1909 by Ramprasad Lal 'alias' Ramprasad Singh in favour of Dhyan Singh to secure an advance of Rs. 6000/- at simple interest of 5 annas per cent, per annum for a term of five years from 1317 to 1321 Fasli, repayable in Bhado 1321 or any 'Bhado' thereafter, The property mortgaged consisted of:

(3.) 3 'kathas' of 'sehan' land in the town of Motihari. The deed provided that the income of the mortgaged property, Rs. 298/9 plus Rs. 56/14/- equal to Rs. 355/4, should, be applied by the mortgagee as follows: Interest at 5 per cent, per annum on Rs 6000/- ... Rs. 225- 0 0 Revenue and cess payable on account of the mortgaged property ... Rs. 114-12-0 Pay of pat wari and village expenses ... Rs. 15- 8-0 Reserved rent payable to the mortgagor ... Rs. 0- 3-0 Rs. 355- 7-0 Further, the bond recited that out of the item of 8 'bighas' 15 'kathas zirat', the mortgagee had let 3 'bighas' 9 'kathas' to the mortgagor to be held by hi n for an annual rent of Rs. 22/8/- and in the event of non-payment